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What happens at a Florida license hearing?
Question:
What happens at a Florida license hearing?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Under Florida DUI laws, if you arrested for a DUI (driving with a blood alcohol content of .08 or more), your driving privileges may be suspended for six months (or longer if you refuse to submit to a chemical test). You may be issued a temporary (restricted) license which will allow you to drive only to your job, school, grocery shopping, banking, doctor's appointment or any court mandated program. You have a right to request a formal review hearing to challenge the suspension/revocation and restore your privileges. The following are a few provisions related to a Florida license hearing:
15A-6.013 Formal Review; Introduction of Evidence; Order
(1) Upon receipt of a timely request for formal review, the division shall schedule a hearing to be held within 30 days after the request is received by the division, unless waived by the driver.
(a) If the division is unable to schedule a hearing within the 30-day period, the division shall invalidate the suspension or disqualification.
(2) The hearing officer may consider any report or photocopies of such report submitted by a law enforcement officer, correctional officer or law enforcement or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review.
(5) The driver shall have the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver.
(11) The hearing officer is authorized to enter a final order. The hearing officer shall file the original order, HSMV Form 78060, with the clerk and the division shall transmit a copy of the order to the driver no later than seven (7) working days from the close of the hearing, unless waived by the driver.
If you have had your license suspended or revoked in Florida, you should request a formal review hearing. It is advisable to have an experienced attorney represent you during the process.
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