My client was arrested for DUI by the Florida Highway Patrol. I was able to get a copy of the video and police reports for his case. Because my client retained me within 10 days, I was able to request a “Formal Review” to fight the administrative suspension of his driver’s license for allegedly having a breath test result over the 0.08 legal limit on the Intoxilyzer breath test machine.
At the Formal Review hearing, I raised a number of legal issues and challenges to the suspension. These included the authority for the trooper to pull my client over for allegedly driving under the influence (DUI), give my client a breath test, whether the breath test machine was working properly, whether my client actually had a breath test result over 0.08, and the authority for the Polk County Sheriff’s Office to give my client a breath test. After the hearing, the order upholding the suspension was not timely filed by the Department of Highway Safety and Motor Vehicles (DHSMV), so I also challenged the 6 month suspension on that basis also.
Unfortunately, the suspension of my client’s license will continue while the writ is being heard by the Polk county circuit court. However, not fighting the suspension has consequences besides the license suspension. There is a mark on your license saying that you drove with an unlawful blood alcohol level if you lose the Formal Review. If you are ever arrested again and blow over 0.08, the suspension is increased to one (1) year! There is also the principal of the matter. I fight for my clients and do not want the DHSMV to think I will go down without a fight! If you are going to take my client’s driving privilege away, you better be correct about the DUI law and issues in my client’s case. In addition, if I win the writ/appeal of this suspension, that will help anyone arrested in the future to use this case law in their DUI arrest!
It will take time before a decision is made on this DUI case. I will continue to fight in court. The Formal Review is a separate license suspension and a separate proceeding from the court case. Even if you win the hearing and the administrative suspension of your license is set aside, you still have to go to court and fight the DUI.
When you go to court do you want a DUI lawyer that gives up or a DUI attorney that fights for you and your good name? If you’re looking for a fighter, call me!
DON'T HESITATE!!! PROTECT YOUR RIGHTS!!!
CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!
Because you only have 10 days to request a Formal Review!