Reader’s Question:

I was charged with DUI in Hialeah, Florida. I was told that I would first have a Formal Review Hearing. Is this different from the actual court trial?

Pacey

Hialeah, FL

Yes, Pacey, the Formal Review Hearing is different from the court trial. Since you were arrested for DUI in Hialeah, Florida and if you refused to take the test or the chemical test result for blood alcohol content (BAC) is .08% or greater, your driver’s license will be suspended for a period of time by the Department of Highway Safety and Motor Vehicles (DHSMV). By means of Formal Review Hearing, you are going to be entitled to challenge the driver’s license suspension. This Hearing, however, must be requested in writing and delivered to the DMV Office in Hillsborough County with 10 days from the date of your arrest. Your attorney can handle the details involved with scheduling and be able to conduct the hearing even if you don’t attend.

This Hearing can be a valuable tool in the defense of your case and the investigation. It would allow your lawyer to challenge the license suspension and, if successful, obtain your license reinstatement. I would also permit your lawyer to interrogate Law Enforcement Witnesses in order to gain detailed knowledge concerning their actions, observations and opinions.

Tags: drunk driving laws, DUI, DUI lawyer