The Defendant was involved in an accident and hired the Firm to handle the 6 month license suspension due to an unlawful blood alcohol level given at the hospital. The Firm requested a formal review hearing to challenge the suspension of the Defendant’s driver’s license within the applicable 10 day window allowed by the DMV. The DMV did not send a notice of hearing to the Defendant nor did they send it to The Ticket Clinic. The client received a letter upholding the suspension of his driver’s license about 45 days after hiring our firm alleging that we failed to appear and that he waived his right to a hearing. Because the Firm did not receive notice, a call was placed to the DMV. They immediately issued a permit and held a new hearing about 50 days after the Firm had initially requested it. Florida law requires that a hearing be held regarding the suspension within 30 days from the date it was requested. At the first hearing (50 days out), the firm objected to moving forward, arguing that the hearing violated the Defendant’s due process rights because he was not afforded a hearing within 30 days. The DMV disagreed and upheld the suspension. The Firm appealed arguing to the 15th Judicial Circuit that our client’s constitutional due process rights were violated because we were not notified of the hearing that was scheduled within 30 days. The 15th Circuit agreed and entered a 6 page written opinion throwing out the suspension of our client’s driver’s license.
DUI & Criminal Division
