Criminal Defense LawyerLakeland, Tampa, FL

Polk DUI attorney files Response to DHSMV Response to Formal review writ.

Today, I spent over 12 hours (on a Saturday) preparing my Response in a writ I filed against the Dept. of Highway Safety and Motor Vehicles (DHSMV).  My client lost his Formal Review and filing a "Writ of Certiorari" is the means by which a driver appeals the administrative suspension of their Florida driver's license.
It takes a lot of time and effort to properly prepare a "Writ of Cert" if you want to win the appeal.  You are trying to persuade the Court that the DHSMV did not afford a driver due process of law.  The DHSMV tries to continuously shift their burden to the driver in these cases in clear violation of the law.  This is not surprising to anyone who has dealt with the DHSMV, had problems trying to get their license reinstated, or waited in line at the driver's license office.  You have to fight against them.  A DUI attorney has to be thorough and research the case law and DUI statutes.  The arguments have to be clear and easy for the Court to understand.  This was just the Response and not even the original Petition for Cert prepared in this case, but it is an important opportunity to demonstrate to the Court that the DHSMV is wrong and their reasoning faulty.
If you have been arrested for DUI, why should it matter that I file writs in Formal Review cases for my clients arrested for DUI?  Because this type of in-depth research and fighting spirit makes me the Polk DUI lawyer you want on your case.  Do you want a lawyer that gives up? Do you want a DUI attorney standing by your side in court that knows the DUI laws?  Do you want a Polk DUI lawyer that knows how to properly defend a DUI and file writs? Do you want an attorney that does not subpoena witnesses to the administrative hearing and does not file Motions to Suppress in Court like me?  Preparing a DUI appeal means that I am better prepared to handle your DUI case and argue in court for you!
Recently, the administrative DUI suspension rules have changed.  Florida Statute 322.2615 that governs DUI suspensions was overhauled July 1, 2013.  Many Polk DUI defense attorneys do not know this happened.  Some lazy DUI lawyers are encouraging people arrested for DUI to blindly waive their right to a Formal Review!  I win many DUI cases because of what I learn in a Formal Review hearing, such as my recent Lakeland DUI case that was featured in the news.
There are benefits and consequences to these changes in DUI law.  You need to discuss your options with a DUI attorney well-versed and experienced in Florida DUI law to make an informed choice that is right for you..

Call me, Thomas C. Grajek, a Polk DUI lawyer that will fight for you!


You only have 10 days to request a Formal Review or obtain a hardship license after your DUI arrest.

Call for a FREE CONSULTATION to learn which option is best for you and what must be done in 10 days to qualify for the hardship license election.

Categories: Criminal Defense
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