Lawfulness of Arrest

DUI Administrative Hearings | Lawfulness of Arrest

Florida DUI Lawfulness of Arrest
Florida DUI cases have administrative side effects that need to be addressed when defending the criminal charges. Recently, Tampa Attorney, Casey Ebsary reviewed a decision that may impact drivers across the state. Specifically, Licensing and suspension of the Florida Driver’s license that follows a refusal to take a breath test or blowing over a .08. Recently, a Circuit court in it’s appellate capacity found that lawfulness of an arrest can be an issue that must be addressed by hearing officer in administrative license hearings.  A District Court of Appeal disagreed. There now is a conflict between Florida  courts. For a number of years law enforcement has hidden trumped up stops with an administrative roadblock inserted into the Florida DUI statutes. The Florida Supreme Court is expected to render a decision which will address the issue of lawfulness of arrest.

Source:  35 Fla. L. Weekly D850a

DUI Administrative Hearings | Lawfulness of Arrest