In most drivers’ license suspension hearings, the motorist must contest the sanction by requesting a hearing within ten days of receiving notice of suspension. The hearing is held by an administrative, hearing officer who determines whether the officer had reasonable grounds to believe the motorist was operating a vehicle in violation of Florida DUI Laws. The hearing officer will either uphold or invalidate the suspension. The motorist by and through their Lawyer can appeal the decision to the director of driver services, who will rescind or sustain the suspension, or order a new hearing. Usually the motorist is allowed to drive during the pending of the hearing or appeal; however, this does not apply to minors or multiple offenders.
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If new evidence is subsequently discovered that would warrant cancellation of the suspension, or the trial court rules that the officer did not have probable cause to request a chemical test, or the test was held inadmissible or invalid, a petition to reopen the hearing may be filed. In addition, if the department of transportation fails to abide by statutorily prescribed deadlines, the suspension is usually invalidated.
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After driving privileges are suspended, we suggest that you sign up for DUI school regardless of how strong your defenses are to the Broward DUI charges against you. This is because, you will only be able to obtain restricted driving permits while the case is pending upon a showing of enrollment. In rare instances the client may be required to obtain a substance abuse evaluation, treatment, or rehabilitation services. There is no reinstatement of driving privileges until the defendant shows proof of completion to the department of transportation, and fulfills other financial obligations, such as a reinstatement fee.
Ignition Interlock Device
Upon a second conviction, the DMV requires the installation of an ignition interlock device in all vehicles operated by the defendant. This is a mechanism connected to the vehicle’s ignition to measure ethanol within a person’s breath. When a driver blows into the device and the ethanol level exceeds a pre-programmed BAC result, the vehicle’s ignition will not function. Some IIDs require constant monitoring of breath-ethanol levels, even while the vehicle is operating.
By William Moore
William Moore Criminal Defense
1 Financial Plaza Suite 2500
Fort Lauderdale FL 33394
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