DMV Hearings
DMV Hearings Defense Lawyer in Tampa Florida
A DMV hearing is a crucial part of any DUI (driving under the influence) case. In Florida, you have 10 days to schedule a hearing with the Florida Department of Motor Vehicles in order to protect your privilege to operate a vehicle. The length of the suspension will vary depending on whether the driver took a breath or blood test and was greater than a .08, or refused a breath, blood or urine test. If the driver took a breath test and was higher than a .08 the suspension is for 6 months. If the driver refused, the suspension is for 12 months or 18 months if the driver had a prior refusal. The hearing that needs to be scheduled within 10 days is called a formal review. Once the attorney applies for the hearing the driver will receive a permit for approximately 42 days. Before the driver receives the permit, he or she may drive for 10 days with the DUI citation provided that their license was valid prior to the arrest date. Your Florida DUI attorney can schedule this hearing for you and can represent you during the hearing so you can get the best result possible. If you do not act quickly and schedule this hearing, your driver’s license will be automatically suspended 10 days after your arrest. The DMV hearing is the only opportunity for you to contest the suspension of your driving privileges and to get them reinstated.
Only the Department of Motor Vehicles has the right to suspend or revoke your driver’s license, and in the case of DUI, this will be because of an unsuccessful DMV hearing or a criminal conviction for driving under the influence. Losing the right to drive means that you will be unable to drive anywhere, a privilege that many take for granted. You will have to rely on public transportation, friends or family in order to get to work, school or even the grocery store or doctor’s office. This is why it is so important to work with a skilled Tampa DUI lawyer.
At Parks & Braxton, we are experienced in dealing with DMV hearings for clients who have been arrested for driving under the influence. A Tampa DUI lawyer at our firm will fully prepare your case for your DMV hearing in order to offer you the opportunity to have your driving privileges reinstated by the DMV.
It is crucial that you have a quality DUI defense attorney to handle your DMV hearing for you, both scheduling and appearance. This increases the possibility of a good outcome from the hearing. Your defense attorney can bring challenges to the evidence or use other legal means to fight for you to waive the suspension or revocation of your license. Many individuals who have been charged with drunk driving are confused about the DMV hearing, and fail to schedule it or arrive without a DUI defense lawyer. It is strongly advised that you contact Parks & Braxton without delay after your drunk driving arrest.
Tampa DMV Hearings Attorney
A Tampa DMV hearing is overseen by a DMV employee who will act as both judge and prosecutor. These hearings are held at the Driver Safety Office of the Department of Motor Vehicles, not at a typical DMV field office. During the hearing, the DMV employee will review evidence regarding your arrest: police reports, blood alcohol test results and more. In addition, Parks & Braxton will have an opportunity to cross examine the witnesses involved in the investigation. This testimony can be used in the criminal case to attack the officer. For this reason, it is important to work with a Tampa DUI attorney who has experience in DMV hearings in particular and who will be able to present valid evidence that will work in your favor.
Challenging evidence is the most valuable tool that your Tampa DUI lawyer will use during your DMV hearing. If evidence cannot be admitted because it was improperly collected or because you were not informed of your rights, or if you were not informed of the repercussions of refusing a breathalyzer test or blood testing, your lawyer may be successful in having that evidence suppressed. If evidence cannot be admitted into the hearing, the DMV will not have grounds to suspend your license.
In some cases it was discovered that the equipment used in the breathalyzer test had not been properly maintained. There are many possibilities in the DUI defense cases. At Parks & Braxton the attorneys are skilled in the discovery of those possibilities and aggressively defend you. Don't take chances with any drunk driving charges. Enlist the assistance of a quality DUI defense lawyer from Parks & Braxton.
Contact a Tampa DUI attorney at Parks & Braxton to protect your rights in your DMV hearing and your DUI charge. The attorneys are experienced and have a history of success in DUI defense.
