DHSMV Hearings Serving Families Throughout Jacksonville For Over 25 Years

Jacksonville DHSMV Hearing Lawyer

Don't Miss Your Deadline to Request a Hearing

Separate from the criminal process, those who are arrested for drunk driving in Florida will face two separate hearings: the criminal hearing and the administrative hearing. The administrative hearing is not required, but it is your only chance to fight a license suspension after a DUI. Anyone arrested for DUI has the right to request this hearing with the Florida Department of Safety and Motor Vehicles (DHSMV), but you only have ten days before this right expires and your opportunity to restore your license is gone.

Get the representation you need today! Call Jason K.S. Porter, P.A. at (904) 701-0591 to begin discussing the details of your case.

The DHSMV request and hearing is not necessarily a simple process and it is extremely important that no time is wasted in getting the involvement of a high-quality attorney.

According to Florida Statutes §322.2615 (2012), once someone has been arrested for alleged drunk driving, the arresting officer will give them a 10-day temporary permit. Within 5 days of the arrest, the arresting officer will send to the department the following: the driver's license, an affidavit which explicitly explains the grounds of arrest, results of all breath, blood or urine tests, field sobriety test observations and notice of suspension.

Informal and Formal DHSMV Hearings in Florida

Should the defendant request an informal hearing with the DHSMV, they will attend one that is conducted by an employee of the department. At an informal hearing, there is no requirement for the arresting officer or any witnesses to attend; instead, it will consist solely of reviewing all of the documents which had been previously submitted to the department. The department's decision regarding the suspension of the defendant's license must be mailed to the address of record within 21 days of the expiration.

On the other hand, should the defendant request a formal hearing, it will still be held by a department employee, however, will be much more thorough. During a formal hearing, there will be the opportunity to administer oaths, examine any witnesses and hear any supporting testimony. Instead of keeping the focus solely on submitted documents, it will look much further. Following the completed of the formal hearing, the department is required to send notice within seven working days.

In both styles of hearings, it is important to understand that the scope will be much more limited than the criminal process. This is not a hearing where the guilt of the defendant will be called into question. Rather, it will be there to deal with issues pertaining to the events surrounding the arrest. For example, the hearing will look into whether or not the arresting officer had probable cause to perform the arrest. It will also look into whether or not the subject was indeed driving with a BAC over 0.08 percent, whether they refused a BAC test and whether they were informed of the consequences of the refusal.

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Pick Porter!™ and Schedule Your Free One-Hour Consultation Today

Due to the consequences of a license suspension, it is extremely important that you do not hesitate to contact a Jacksonville DUI attorney from our firm as soon as possible. By working with a knowledgeable DUI lawyer, you will be able to properly prepare for such a hearing – doing everything possible to provide yourself with the chance of success. At The Law Offices of Jason K.S. Porter, P.A. our attorneys have extensive experience representing clients during DHSMV hearings. We have approximately 100 years of combined courtroom experience. We listen to your account of the DUI arrest and review the police records of the arrest and then formulate defenses that we may raise at the DHSMV hearing on your behalf.

Where helpful, we subpoena the arresting police officer so that on cross-examination we can seek to expose lapses in procedure and unlawful police stops We may challenge whether the officer had a proper basis to arrest you or whether the breath test or field sobriety test was properly done. In the case of you having refused the breath test, we may challenge the officer's persistence in communicating the consequences of refusal. We are accomplished in DHSMV hearing defense and can also advise on how to obtain a restricted license to perform essential errands and commute to work.

Contact a Jacksonville DHSMV hearing lawyer from Jason K.S. Porter, P.A. today for a free one-hour consultation. **Consultation fees may apply to family law consultations.

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I unfortunately experienced a terrible accident and was hurt. I reached out to Jason Porter’s law firm, as he has helped my father in the past and is a trusted attorney in my family.
Unfortunately, the process had a slow start due to many moving pieces. Hildy stepped in and things got moving IMMEDIATELY! She is amazing. So sweet, so understanding, so educated and intelligent regarding her position. Because of her, I felt assured and heard.
Thankful to this firm for their hard work and dedication!

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100% success rate. I used Jason Porter's services two different times for a DUI charge. The first DUI case I never lost my license and he won the case. The second time it was a little more difficult because of the circumstances but we took it to trial and it seemed like an effortless victory. Jason and his staff were very professional and helpful through the entire process.I could not have asked for anything more. Thank you so much for everything.

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Two very scary DUI cases in my life. The first involved a wreck, the second with a very high BAC. Jason Porter and Gary Shumard, you are both so very amazing and you have saved me so much havoc on these cases. Reduced to reckless on the first, and on the second, saved me from having the interlock system order in my car, another 10 days of immobilization, and more jail time. From the beginning, these two kept my anxieties calm through this process and the outcomes took all that load off. If you are financially strapped, trust me, they will work with you on that too. Sincerely.

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When I got into an accident, I didn't think I needed a lawyer. However, everything was so confusing and the insurance company was being very pushy. Once I decided I needed to contact a lawyer, I wasn't sure who to call. On the recommendation of a friend who had used him in the past and had a very good experience, I called Jason Porter. I was given an appointment the next day and it was during that appointment I knew I had contacted the right law firm. Mr. Porter was so nice and explained everything in a way that I could understand. He assured me that I would not need to do anything but to get better and he was right! He and his amazing paralegal handled everything so I didn't have to deal with all of the confusion of the insurance company while trying to heal from the injuries I sustained in the accident. Ultimately my case was settled with the insurance company and I received a very fair settlement. I am hoping I never have to use a lawyer again, but if I do, I will definitely be contacting Mr. Porter again.

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