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Administrative Review Hearings

Florida Statute § 322.2615(1)(a) establishes that a law enforcement officer can suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle with an unlawful blood or breath alcohol concentration (BAC) of 0.08 or higher, or of a person who has refused to submit to a test his or her BAC. A person only has 10 days to request a hearing to contest the suspension.

Under Florida Statute § 322.2615(1)(a), a person can request a formal or informal review of the suspension by the Florida Department of Highway Safety and Motor Vehicles. Following an arrest, an alleged offender will typically be issued a temporary permit to drive that expires at midnight of the 10th day following the date of issuance of the notice of suspension.

Lawyer for Administrative Review Hearings in Fort Lauderdale, FL

If your license has been suspended because of a driving under the influence (DUI) arrest in South Florida, it is in your best interest to quickly seek legal representation. Meltzer & Bell, P.A. assists clients who have had licenses suspended or revoked in Palm Beach Gardens, West Palm Beach, Wellington, Royal Palm Beach, Jupiter, Boynton Beach, Lake Worth, Riviera Beach, Greenacres, Delray Beach, Boca Raton, and several other surrounding areas in the greater Palm Beach County area.

Our experienced criminal defense attorneys in Fort Lauderdale understand how administrative review hearings work and can fight to get you back on the road as soon as possible. You can have our lawyers provide a complete evaluation of your case when you call (561) 557-8686 to schedule a free initial consultation.

Palm Beach County Administrative Review Hearings Information Center

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Formal Administrative Review Hearings in Florida

Chapter 120 of the Florida Statutes is known as the Florida Administrative Procedure Act and outlines the procedures by which Florida government agency acts are formulated and may be challenged and litigated. Chapter 15A-6 of the Florida Administrative Code specifically covers administrative suspension review hearings. A formal hearing is an evidentiary hearing requested by the driver or his or her attorney pursuant to Florida Administrative Code Rule 15A-6.006.

In most cases, people who have had their licenses suspended will request formal review hearings. The Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is required under Florida Administrative Code § 15A-6.013(1) to schedule a hearing to be held within 30 days of receiving a request for formal review.

Under Florida Administrative Code § 15A-6.013(2), a hearing officer can consider any report submitted by a law enforcement officer or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review. Florida Administrative Code § 15A-6.013(3) states that any relevant document that is not self-authenticating as provided by Florida Administrative Code § 15A-6.013(2) can be introduced into evidence if it has been properly authenticated by a witness or under a statute permitting its introduction by another method of authentication.

Florida Administrative Code § 15A-6.013(5) establishes that the driver has the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver. A hearing officer’s decision will be based on a preponderance of the evidence, meaning that he or she will choose the side that presents the greater weight of the evidence.

The hearing officer files the original order with the clerk, and the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles transmits a copy of the order to the driver no later than seven working days from the close of the hearing.

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Informal Administrative Review Hearings in Florida

An informal review differs from a formal review in that the informal review is simply a review of materials submitted by the driver and the officer without the presence of the driver, the officer, or any witnesses. Requests for informal reviews are subject to the same 10-day deadlines as formal reviews.

The hearing officer determines whether the suspension or disqualification is supported by a preponderance of the evidence and enters a final order. The hearing officer files the original order with the clerk and transmits a copy to the driver no later than seven working days from the close of the hearing.

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Administrative Review Hearing Resources in Palm Beach County

Florida DUI and Administrative Suspension Laws | Florida Highway Safety and Motor Vehicles — View the full text of a summary prepared by the Florida Department of Highway Safety and Motor Vehicles. You can find information about driver license revocation periods for DUI offenses, commercial motor vehicle (CMV) alcohol-related convictions and disqualifications, and review hearings for administrative suspensions and disqualifications. The website also discusses business or employment reinstatement and guidelines for applying for reinstatement.

Review of the Bureau of Administrative Reviews | Florida Highway Safety and Motor Vehicles — View the full text of an executive summary for the Office of the Inspector General (OIG) review of the BAR. The summary provides an overview of the hearing and review process as well as the processing of transactions. Findings and recommendations include staff workload, voided transactions, cash handling, and GOBI database issues.

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Find an Administrative Review Hearings Defense Attorney in Fort Lauderdale

Was your license suspended because of a DUI arrest or your refusal to provide a breath sample in Palm Beach County? You will want to contact Meltzer & Bell, P.A. as soon as possible.

Our Fort Lauderdale criminal defense lawyers represent individuals in communities all over Palm Beach County, Miami-Dade County, and Broward County. Call (561) 557-8686 or submit an online contact form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

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!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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