When an individual is arrested for DUI in Florida, he or she will receive a citation known as a “Notice of Suspension”. This citation places you on notice that the Division of Highway Safety and Motor Vehicles (DHSMV) intends to suspend your driver’s license.
After an individual receives notice that his or her licenses will be suspended, the individual has 10 days to request an administrative license suspension hearing. Failure to act within 10 days of your arrest will prevent you from fighting the driver’s license suspension, and you will forfeit your driving privileges. In order to put yourself in position to maintain your driving privileges, contact a Palm Beach County DUI attorney immediately after your arrest.
A license suspension causes you to lose your ability to do simple of tasks such as going to work, picking up your kids from school, or other simple errands. Upon hiring the attorneys at Meltzer & Bell, P.A., we will immediately challenge the driver’s license suspension imposed by the Division of Highway Safety and Motor Vehicles.
Lawrence Meltzer and Steven Bell are DUI defense attorneys with over 20 years of combined experience representing individuals who are facing driver’s license suspensions in Delray Beach, Lake Worth, Wellington, West Palm Beach, and the surrounding areas in Palm Beach County. We are available 24/7, call us today, at any time, at (561) 283-3259.
If you are charged with DUI for having a breath or blood alcohol level of .08 or greater at the time of your arrest, your license will be suspended for six months. If you refused to submit to a blood, breath, or urine test upon your arrest for DUI as required by Florida law, you driver’s license will be suspended for one year. However, if this is your second refusal, your license will be suspended for 18 months. If you don’t challenge that notice of suspension, you will not be eligible for a hardship license at all during that 18 month period.
These types of suspensions are imposed and administered by the DHSMV; they are not criminal in nature; and are unrelated to criminal charges for DUI and the court system, except that they originate from the same arrest.
Florida law requires that in order to conduct a traffic stop, police officers must have probable cause to believe you have committed a traffic infraction, reasonable suspicion that you were committing a crime, or evidence that your safety or the safety of others was at risk.
If the officer acted unlawfully by conducting a traffic stop without adequate probable cause, the courts, which also applies to and is applicable to a DHSM hearing officer, may require that all evidence gathered by the officer such as physical observations, field sobriety tests, and breath test results be thrown out. This, in turn, can result in the suspension of your license being invalidated.
During the license suspension hearing, a hearing officer will hear arguments from both sides before making a decision on whether or not to uphold the license suspension. The hearing officer will not hear arguments from both sides. They actually will only hear testimony by the officer and or the officers and will then hear argument from the DUI defense attorney. The hearing officer is required to adhere to the law, and he or she must come to a final decision based on factual and substantial evidence.
Some of the factors the hearing officer must use when making a determination on the legitimacy of the license suspension include:
If the prosecution (i.e. testimony from the officers and/or the paperwork itself) is unable to provide evidence that supports their claims, the hearing officer can rule that the suspension be deemed unlawful, and the individual’s driving privileges will be preserved.
If you have been notified that your driver’s license will be suspended, a devoted West Palm Beach license suspension lawyer from Meltzer & Bell, P.A. can help you. The attorneys at our firm serve clients in Palm Beach County, including the cities of Delray Beach, Boynton Beach, Boca Raton, Wellington or anywhere else in the county.
We are committed to protecting the rights of our clients. Contact Lawrence Meltzer and Steven Bell, 24 hours a day, 7 days a week, at (561) 283-3259, and let us fight to maintain your ability to drive.
...A long weekend vacation in Palm Beach resulted in the potential for serious consequences that could have set me back in unimaginative ways. M+B was a truly incredible legal advocate and was always accessible within minutes to answer questions and discuss the progress of the case within the system - truly remarkable. I could not have retained better legal representation in my case in Palm Beach County.
I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!
I was facing hard prison time and punishment. [Larry] did everything to pull strings and get me into rehab. After meeting with many therapists I finally got one to diagnose me successfully with Bipolar. Thanks to Larry I have been sober since 6/19/09. My health is great and my family life is amazing. It's because he saw something in me and my family that I wasn't just an alcoholic there was something that told me it was something else.
I was charged with a felony and facing the scary thought of losing my job, but thank you Attorney Steven Bell for helping me. Now I’m able to keep my job and take care of my family. I am truly amazed by your service, and you for understanding what I have to deal with. To me I’m very impressed by way you handled my case and was here to listen and make things OK!
Mr. Steven Bell, Words cant explain how thankful I am for you and your firm. I was facing felony charges and even looking at doing 5 years in jail! Not only did you fight for me, you got my case dismissed and dropped. For that, I don't have words to say “thank you” you were always kind and believed in me. You looked for every opportunity and you won! Thank you for being my guardian angel in disguise and steering me in the right direction. You are forever my “too go guy” thank you soooo much!