DMV Hearings in Fort Myers and Naples
Administrative Review of DUI Driver's License Suspensions
One of the first things you must do following an arrest for DUI in Fort Myers is to contact the Florida Department of Highway Safety and Motor Vehicles to request an administrative review hearing. You have only ten days to do this, at the end of which period you will be given an automatic suspension of your driver's license which will last for between 180 days and one year. Next, contact a Fort Myers DUI attorney at Parks & Braxton, PA for a confidential consultation about your arrest, to discuss the case and begin working on a strategy for defending your driving privileges.
What happens at a hearing with the DHSMV?
The hearing at the DHSMV is a separate action from the criminal trial, but is based on essentially the same evidence which will be used against you in criminal court. The procedure is less formal: it is presided over by an officer of the Department rather than a judge, and the police officer who made your arrest may not even appear to testify in the case. We will have the opportunity to introduce evidence and witnesses and to cross-examine the evidence against you, seeking to convince the Department officer that your guilt cannot be proven by a preponderance of the evidence.
We will seek to defend your driving privilege by any means possible, whether this requires demonstrating that you were the victim of an unlawful DUI traffic stop without probable cause or challenging the evidence in an attempt to raise reasonable doubts about your guilt. For example, we might be able to resolve the situation by demonstrating that the equipment used for the breathalyzer test was not properly calibrated, making it impossible to determine with certainty whether your blood alcohol concentration was above the legal limit. We understand what major disruptions a license revocation could cause throughout your life and are ready to fight to defend your privilege to drive.