DMV Invalidates Gainesville Driver’s DUI License Suspension
A Gainesville Police Department officer observed a stationary vehicle in the middle of the southbound lane on SW 34th Street. The officer made contact with the driver who was sleeping in the driver’s seat of the vehicle.
After several attempts, the officer was able to wake the driver of the vehicle. The officer stated that he noticed that the driver had slurred speech, watery and glossy eyes, as well as an odor of alcohol. The driver admitted to drinking two beers. The officer had the driver exit the vehicle and requested that he participate in field sobriety exercise, which the driver agreed to participate in.
Based on his observation, that officer placed the driver under arrest and transported him to the Alachua County jail. While at the jail, the driver was asked to provide a breath sample, which the driver agreed to provide. The results of the breath test were 0.274 and 0.268. The driver received a DUI citation and his license was suspended.
The driver hired Meldon Law. The attorneys at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. The license suspension was invalidated on basis of lack of jurisdiction, since the officer failed to provide a sworn arrest affidavit. The hearing officer later issued an order setting aside the license suspension.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Date of Suspension: July 2, 2019).
