Florida Dmv - 3 Reasons That Your Attorney Should Request a Formal Review Hearing Within Ten Days of Your DUI
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DUI charges are serious business. In Florida, a conviction can get you up to a year in the county jail. Jobs, especially driving jobs, can become that much more difficult to obtain and keep. Unlike the financial ramifications and the possibility of incarceration, driving penalties rear their ugly head almost immediately after a DUI arrest. If the arrested driver refused to submit to the officer's tests, or if his blood alcohol results were over the.08 limit, then his license will be suspended ten days after the arrest. This is considered an administrative suspension by the department of motor vehicles; it has nothing to do with the criminal case. Here are three important reasons to have a DUI Lawyer request a formal review hearing within ten days of your arrest for a Florida DUI:
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1. After ten days, your license will be suspended and you will be unable to drive unless an attorney requests a formal review hearing and gets a 42 day extensions.
A DUI attorney can keep you on the road after the ten days expire by requesting a formal review hearing. This is because even in administrative proceedings the citizen is entitled to due process of law. The DUI attorney will request a formal hearing with the local drivers license bureau. For example, in Tampa, the DUI attorney will schedule a hearing at the Administrative Office on Hillsborough Avenue. Pasco and Pinellas DUI Attorneys will schedule these hearings at the 140th Avenue office in Clearwater. The formal review usually takes 3-4 weeks to be calendared and to be heard. More importantly, in the meantime, the attorney can get a temporary permit to keep the driver on the road for 42 more days after the ten days temporary permit expires. So, at the very least, the formal review hearing can keep the driver on the road for more than another month to plan for alternative means of transportation.
2. If the DUI Attorney wins the formal review hearing, then the entire suspension will be invalidated. You will have your license restored.
You get to keep driving while the DUI attorney fights your suspension for 42 extra days. If he is able to win the hearing, then he can move the officer to invalidate your administrative license suspension. That means that a victory at the hearing will eliminate the 6 -18 month suspension possibilities.
3. Win or lose the formal review hearing, your Attorney will have obtained valuable discovery to help you win your criminal case
Even if the Criminal Attorney does not prevail at the DMV hearing, he will have been able to review your discovery and, potentially, have spoken to the officer's that arrested you. This is valuable to the Attorney as he discovers more information about your case that may help you reach a favorable resolution in your criminal DUI case,m whether that be a reduction to a reckless driving or a dismissal of the charge.
Of course, if the driver goes to see his attorney 11 days after his DUI arrest, a request for a formal review would be untimely, and deemed waived. That means on day 11, the drivers license suspension would be in effect.
I hope you obtain new knowledge about Florida Dmv. Where you possibly can put to use within your daily life. And above all, your reaction is Florida Dmv. Read more.. 3 Reasons That Your Attorney Should Request a Formal Review Hearing Within Ten Days of Your DUI.
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