12 Month Refusal Suspension Invalidated for DUI in Hernando County –
On July 27, 2022, the Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order setting aside the administrative license suspension. In this case, the client was arrested for DUI in Hernando County by officers with the Florida Highway Patrol.
The order provided:
“Upon a review of the case, there is insufficient evidence to support the suspension because there is a lack of competent substantial evidence to support that the petition was driving or in actual physical control of the vehicle. While law enforcement arrived to the scene of a traffic crash and reflected in their report that they ‘made contact with the driver of the red Jeep,’ there was insufficient evidence to indicate how the petitioner was identified to be the driver.”
On August 8, 2022, a hearing officer with the Bureau of Administrative Reviews issued a “Final Order Setting Aside the License Suspension.” The order explained that the case was adjudicated under the authority of Chapter 15A-6 of the Florida Administrative Code, and Section 322.2615, Florida Statutes.
The Hearing Officer set aside the suspension of the driving privileges for refusal to submit to a breath test after a DUI arrest by a trooper with the Florida Highway Patrol.
The order explained that after a review of the case, there was insufficient evidence to support the suspension because:
- there was no evidence in the record to establish that implied consent was read to Petitioner by law enforcement;
- the arrest report did not state anywhere in the narrative section that implied consent was read incident to a lawful arrest;
- within the alcohol and drug influence report, the box is checked “no” for implied consent warning given.
On August 10, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.
On August 12, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for refusal to submit to a breath, blood, or urine test. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Florida Highway Patrol.
On October 28, 2022, a HSMV Field Hearing Officer in Tampa, FL, invalidated a suspension for driving with an unlawful alcohol level after a DUI arrest by an officer with the University of South Florida Police Department. The suspension was invalidated because there was insufficient evidence to support the suspension since the DUI evidentiary packet was not received by the DHSMV in time for the hearing.
On September 8, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the breath test operator failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.
On September 20, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received. A copy of the order was provided to the University of South Florida Police Department.
On November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Tampa, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Tampa Police Department failed to appear at the hearing after being served with a subpoena.
In a different case decided on November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Clearwater, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Pinellas County Sheriff’s Office failed to appear at the hearing after being properly served with a subpoena.
In a Final Order on Results of Review Hearing, a HSMV Field Hearing in the Bureau of Administrative Review office in Clearwater, FL, set aside a suspension for refusal to submit to a breath, blood, or urine test because the probable cause affidavit was not attested by the arresting officer with the Manatee County Sheriff’s Office.
On another case decided on March 1, 2023, our firm conducted a Formal Reviewing to challenge the suspension of our client’s license based on her refusal to submit to a breath, blood, or urine test. The Hearing Officer determined insufficient evidence to support the suspension because the arresting officer failed to appear.
On March 1, 2023, our client’s License Suspension was set aside after a Formal Review Hearing. The Arresting Officer failed to provide the DUI Evidentiary Packet before the Hearing. Therefore, the Hearing Officer determined insufficient evidence to support our client’s license suspension.
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