Criminal Defense Case Results

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.”

Third DUI Dropped to Reckless Driving with No Probation – On June 29, 2022, a DUI case pending in New Port Richey in Pasco County, FL, was resolved with a plea to reckless driving under Section 316.192 with a withhold of adjudication with no probation. Because of the withhold of adjudication, our client received no points on his driver’s license.

Our client was originally arrested for a second refusal to submit to breath testing and reckless driving. The arresting officer entered the wrong person’s name on most of the paperwork (although he had our client’s driver’s license which correctly listed his name). As a result, the DHSMV hearing officer was forced to invalidate the one year administrative suspension for the alleged refusal at the formal review hearing.

In the criminal case, we filed a motion to suppress evidence because of a prolonged detention which resulted in some of the state’s evidence being suppressed, including the alleged refusal. The stop officer, Deputy Christopher Ramos, was on leave when the case was last set for trial. Because of all of these problems, the State Attorney’s Office on June 29, 2022, offered to reduce the case to reckless driving under Section 316.192 with a withhold of adjudication and no probation.

The prosecutor had threatened to charge the DUI as a felony because of two (2) prior DUI convictions but had problems obtaining the underlying out-of-state records.

Second DUI Dropped to Reckless Driving – On June 29, 2022, for a DUI case pending at the courthouse in Tampa, FL, in case number 21-CT-0036XX, the court accepted negotiated plea for a second DUI that was reduced to reckless driving with an adjudication of guilt and a requirement to pay court costs. No probation was required. The police reports alleged that our client had a breath test reading of .122 and .131.

BUI Amended to Reckless Boating with a Withhold – In another case resolved on June 29, 2022, our client was charged with boating under the influence (BUI) and a civil infraction with a $500 penalty for refusing to submit to breath testing after the BUI arrest in case number 21-CM-0078xx. Although our client had a prior DUI that had been reduced to reckless, the State agreed to reduce the BUI to reckless boating with a withhold of adjudication and 12 months probation to complete the standard sanctions with automatic early termination of probation when all of the special conditions were satisfied. The civil infraction for refusal was dismissed by the court.

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.