A PROBLEM WITH THE ADMINISTRATIVE HEARING?

Imagine a problem with the administrative hearing. Once upon a time in Florida Circuit Court judges would hear the formal review, but a strange thing happened the judges did not uphold as many suspensions as groups such as MADD (mothers against drunk driving) or other politically active groups wanted. So what happened, the groups including MADD went to Tallahassee to change the procedure for these hearings. And before you could say Shazzam, we had administrative hearing officers to hear nothing but these type of cases. Furthermore, these hearings take place outside of the Administrative Procedures Act FS 120 and afford the driver less protection. The legistaure even went further and they made the arresting officer's paperwork self-authenicating, which means if it is notarized it comes into evidence automatically (unless the officer is subpoeaned and fails to appear, see my article of April 13, 2008). Within the last several years the legislature has given the hearing officers the power to ask a driver or his attorney if they wish to seek enforcement of a subpoena on a non-appearing witness. This is a trick because, if the driver or his attorney respond in the negative then the hearing officer upholds the administrative suspension. If they actually seek enforcement do you think an officer is going to refuse to appear after that. There is actually another scenario which I will not divulge here.

So you would think the hearing officers hold the upper hand? Well, they often do! However, even with the upper hand several years ago it came to light that the Broward County Hearing Officers were not following the rules. Imagine this! I am shocked! Yep, it seems that the hearing officers were conferring with one another on cases and even speaking to the staff attorney who handles the appeals about specific cases and allowing the staff attorney to tell them how to rule. You see, the hearing officers are supposed to make the decision and it is not supposed to be a group effort.

Feel like the odds are against you? Perhaps they are! Defending a D.U.I. is not easy either at the administrative hearing or in court. But if you roll over and surrender you will never know what might have been. You may reach me by telephone at 561-616-8700 or by e-mail DUITIM@floridaduilawyer.com. My website is http://www.floridaduilawyer.com/ and you can see the link on the right handside of the page.

Copyright 2008