THE ADMINISTRATIVE HEARING!

You have been arrested in Palm Beach County (or anywhere in Florida) and you have been issued a D.U.I. citation. This D.U.I. citation is your driving permit for 10 days. Not 30 days, but 10! I don't know how many defendants I have spoke to who tell me "the officer said it was good for 30 days"! Not 30 but 10!

If you have refused to give a sample or breath or have blown over .08 your driver's license has been administratively suspended. You or I(if you hire me this is included in the fee) will have to file a request for hearing (usually a formal hearing) at Bureau of Administrative review (BAR),6801 Lake Worth Road, Suite 230, Lake Worth, Florida 33467. You walk in ,fill out a piece of paper and in less than a week you should have your hearing date AND your temporary driving permit. Yes, another temporary permit, but this one is good for about 4 -5 weeks. Why 4-5 weeks? Well, when the hearing is requested the hearing has to be set with 30 days of requesting it. The work permit will have an expiration date of 10 days to 14 days after your scheduled hearing date. You heard that it is hard to win at the administrative hearing. You have heard correctly!

The hearing officers are not judges and they are not lawyers. At the Lake Worth Office all the hearing officers are women dressed in their little blue uniforms (just like the driver's license office). The standard is a "preponderance of the evidence" (I know this doesn't tell you much). But just remember that at a criminal trial the State has to prove your guilt "beyond and to the exclusion of every reasonable doubt", which is a much higher standard than a "preponderance of the evidence". So can you win, you ask? Yes, but the chances are slim.

I review the administrative file, which contains the police reports. If the officer did not dot the "i's" and cross the "t's" I will not subpoena them to the hearing. That is because I feel I have a great chance of invalidating the administrative suspension based on what is (or isn't) contained in the reports. But, if the officer dotted the "i's" and crossed the "t's" I will subpoena the officer and hope he doesn't appear( which is unlikely). What happens if the officer doesn't appear? He or she has 2 business days to provide a reason to the Bureau of Administrative Review as to why they dodn't show up. If he doesn't the department should invalidate the suspension. BUT, there is an exception! The legislature of the State of Florida gives the hearing officer the discretion to ask the attorney or the driver (if unrepresented) if they wish to seek enforcement of the subpoena. This kinda of throws a monkey wrench into things, but there is only one hearing officer in Palm Beach County who will ask about seeking enforcement. The others will simply invalidate if the officer doersn't provide the reason for his aforementioned absence.

I have kept track, since 2003( prior to 2003 I did not keep track), of the administrative suspensions that I have managed to have set aside and I have had 42 administrative suspensions invalidated. This means that the driver receives his regular license back pending the outcome of the Criminal charges.

You may reach me at 561-616-8700. My e-mail is DUITIM@floridaduilawyer.com. I am available by telephone 7 days a week. Weekend appointments are available.