Florida DUI License Suspension Overturned

Florida Administrative DUI License Suspension Overturned because There was no evidence presented below to show that Deputy had reasonable suspicion to detain the Suspect to perform field sobriety exercises. The DHSMV argued that Suspect was not detained by Deputy, the only evidence presented to the hearing officer regarding Suspect's interaction with Deputy showed that a detention occurred. Suspect testified that Deputy asked for his license and that he waited approximately an hour for a second Deputy to arrive after giving first Deputy his license. Suspect also testified that he felt that he was not free to go and that he never got his license back.

The Appeals Court recognized that retention of a driver's license for such things as conducting a warrants check does not always constitute detainment; however, the Court found that holding Petitioner's license for an hour while waiting for backup to arrive turned into a detainment, and absent evidence in the record showing a lawful basis for such detention, the hearing officer departed from the essential requirements of the law in upholding Petitioner's license suspension.

The Court notes that though the second Deputy's affidavit may have provided facts constituting reasonable suspicion to detain Suspect to perform field sobriety exercises, the first Deputy's unlawful detainment of Suspect prior to the second or backup Deputy's arrival rendered the arrest unlawful.

Florida Administrative DUI License Suspension

Source: Case No. CA08-1236

Florida DUI Prior Convictions Enhance Felony DUI

Florida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel. To prevent use of priors must assert under oath, through a properly executed affidavit that:

(1) The offense involved was punishable by imprisonment;

(2) The defendant was indigent and, thus entitled to court-appointed counsel;

(3) Counsel was not appointed;

(4) The right to counsel was not waived.

Source: 34 Fla. L. Weekly S15a

Florida DUI Prior Convictions Enhance Felony DUI

Tampa Florida Criminal Defense Attorney on License Suspensions

Tampa Florida Criminal Defense Attorney / Lawyer summarizes the Effect of Convictions/Court Orders on Driving Privileges in Florida

Possession or sale of, trafficking in, or conspiracy to possess, sell or traffic in a controlled substance - Revocation for 2 years or until the person is evaluated for, and if necessary, completes a drug treatment program - Florida Statute 322.055

ANY felony in the commission of which a motor vehicle was used - Mandatory Revocation - Florida Statute 322.26(5)

Theft of any motor vehicle or parts or components of any motor vehicle - Automatic Revocation whether ordered by court or not; Reinstatement considered ONLY after expiration of full sentence imposed - Florida Statute 322.274

Any violation of the law against lewdness, assignation, and prostitution where violation has been effected through the use of a motor vehicle - Mandatory Revocation - Florida Statute 322.26(7)

Failure to comply with a subpoena, order to appear, order to show cause, delinquent on support obligations, or similar order - Suspended license and registration of all motor vehicles owned by the person until compliance with order - Florida Statute 322.058(1)

Failure to pay financial obligation for any criminal offense, in full or in part under a payment plan - Suspension until clerk of court provides department with affidavit that financial obligation is satisfied, complying with payment plan or court order is issued granting relief - Florida Statute 322.245

Conviction of offenses committed under 817.234(8) or 817.505; Insurance Fraud - solicit any business from a person involved in motor vehicle accident for the purpose of making, adjusting settling claims with intent to defraud; Patient Brokering - offering or soliciting kickbacks for referring patients - Mandatory Revocation - Florida Statute 322.26(a)

Driving Under the Influence- Fourth Violation - Mandatory Permanent Revocation - Florida Statute 322.26

Providing alcohol to a person under 21 years of age - Discretionary; the court MAY withhold the issuance of, or suspend or revoke the driver's license for not less than 3 months or more than 6 months for the first violation and 1 year for any subsequent violation - Florida Statute 322.057

Fleeing or attempting to elude a police officer - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Leaving the scene of a crash - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Driving, or being in actual physical control of any vehicle while under the influence of alcoholic beverages, any chemical substance in 877.111 or any controlled substance or unlawful Blood Alcohol Level - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Reckless Driving - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Conviction, or forfeiture or bail not vacated, upon three charges of reckless driving committed within a period of 12 months - Mandatory Revocation - Florida Statute 322.26(6)

Making False Crash Reports - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 318.17

Obstructing an officer and any other Offense in section 316 classified as criminal violation - Suspension if, after receiving notice of failure to comply, he or she does not comply within 30 days - Florida Statute 318.17

Murder resulting from operation of a motor vehicle - Mandatory Permanent Revocation -Florida Statute 322.26(1)(a)

DUI Manslaughter where the conviction represents a subsequent DUI-related conviction - Mandatory Permanent Revocation - Florida Statute 322.26(2)

DUI manslaughter with no prior DUI-related conviction - Mandatory Permanent revocation; may petition court after 5 years for reinstatement - See Florida Statute 322.271(4)and Florida Statute 322.26(7)

Failure to stop and render aid as required under law in the event of a motor vehicle crash resulting in the death or personal injury of another - Mandatory Revocation - Florida Statute 322.26(9)

Perjury or the making of a false affidavit or statement under oath relating to the ownership or operation of motor vehicles - Mandatory Revocation - Florida Statute 322.26(5)

Any Misdemeanor under section 320; Altering license plates, registration; counterfeiting license plates; validation stickers, etc.; attaching license plate not assigned - Suspension if, after receiving notice of failure to comply with court directives within allotted time, he or she does not comply within 30 days - Florida Statute 322.245

Conviction of a nonresident with driving privileges of any above offenses of nonresident driver same manner and for same cause as if under Florida law - Florida Statute 322.23

Conviction of a resident of Florida of any of above offenses in another state or country same manner and for same cause as if under Florida law - Florida Statute 322.24

Civil Infraction Involving Death -Mandatory 6 month Suspension - Florida Statute 318.14(5)(I; Florida Statute 318.19(1)

NOTE: Entrance of a plea of nolo contendere by the defendant to a charge of driving while intoxicated, driving under the influence, driving with unlawful Blood Alcohol level or any other alcohol-related or drug related offense specified in 316.193, shall be equivalent to a conviction. 322.25

Mandatory revocations under 322.26 are predominately imposed for the Department of Motor Vehicles

Tampa DUI Breath Machine Maintenance

Tampa DUI Lawyer W.F. Casey Ebsary, Jr. reports that a court recently found that inspection and maintenance of the Intoxilyzer 8000 breath testing machine, specifically replacement of the dry gas regulator was not maintenance but in fact constitutes a repair. Once repaired, the Intoxilyzer 8000 must be inspected by the Florida Department of Law Enforcement - FDLE before machine is returned to evidentiary use.

Court ruled that breath tests administered after repair without post-repair FDLE inspection do not substantially comply with administrative rules and are not admitted into evidence at trial. Examination of all the supporting documents in a breath case is now mission-critical. Most machine records and data are available pursuant to Florida's Public Record law, Chapter 119.

Tampa DUI Breath Machine Maintenance

DUI Tampa Attorney - Checklist Checkpoints

Tampa DUI Attorney reports that a recent decision to deny motion to suppress evidence obtained during stop of defendant's vehicle at a sobriety checkpoint was an error. Court found where state did not show that the checkpoint met legal requirements to pass constitutional standards - case would be thrown out.

The court reviewed Written guidelines for checkpoint and held them deficient. The standards left vehicle selection procedure to discretion of a field officer to develop a contingency plan on the spot in the event of a traffic backup. Case tossed because evidence showed that officers did not strictly adhere to written plan.

Source: 33 Fla. L. Weekly D2238a

DUI Tampa Attorney - Checklist Checkpoints