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DUI / DMV / BAR / Formal Review / Driver License / DUI Suspension / DL Invalidation / Kangaroo Court / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    If a d.u.i case is won on the criminal side of the spectrum, dose the d.m.v has the power to invalidate license ??  Does d.m.v have the power to invalidate license if criminal… Scroll down to read more!

October 15, 2014 / Michael A. Haber /

Q:    If a d.u.i case is won on the criminal side of the spectrum, dose the d.m.v has the power to invalidate license ??  Does d.m.v have the power to invalidate license if criminal side of the case is won due to no probable cause for stop,writing wrong citation,contradicting as of why the stop was made,tipster said car was swerving,report wrote up saying reckless driver,75% of the car was parked in the grassy side of the yard that was suppose to be I guess t.p.d 2nd reason for the stop since they didn’t witness or corroborate any criminal activity just an anonymous caller that was following me for I would say about 6 miles for some apparent reason and decided to call t.p.d just as I was 2 blocks from my destination. And then all the rest of the same Ole rhetoric that indicates a d.u.i ?? And I felt refusing to b.a.c test wouldn’t hurt me especially since t.p.d went to great measures to arrest me !!

A:  Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/if-a-d-u-i-case-is-won-on-the-criminal-side-of-the-1310241.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-align: right; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/if-a-d-u-i-case-is-won-on-the-criminal-side-of-the-1310241.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

DUI / DWI Attorney – Miami, FL

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12 lawyers agreed with this answer

Andrew Michael Bonderud
Andrew Michael Bonderud
Litigation Lawyer – Ponte Vedra Beach, FL
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Daniel Nelson Deasy
Daniel Nelson Deasy
Criminal Defense Attorney – Centennial, CO
Majid Vasigh
Majid Vasigh
DUI / DWI Attorney – Tampa, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
James Stevenson Fisher
James Stevenson Fisher
Criminal Defense Attorney – Orlando, FL
John Joseph Joyce III
John Joseph Joyce III
Criminal Defense Attorney – Lake City, FL
Ashraf Sami Salem
Ashraf Sami Salem
Criminal Defense Attorney – Tampa, FL
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Michael Lawrence Doyle
Michael Lawrence Doyle
DUI / DWI Attorney – Philadelphia, PA

” href=”http://www.avvo.com/legal-answers/if-a-d-u-i-case-is-won-on-the-criminal-side-of-the-1310241.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>12

Lawyers agree
Answered .  DMV-BAR is not court (unless you want to argue that its a Kangaroo Court) and the rules of evidence do not apply at DMV-BAR hearings. It is not a constitutional arena and you are not dealing with rights; rather it is an administrative arena which focuses on privileges (thus, due process applies, but man-o-man is it ever limited in scope). And, just like with Las Vegas, what happens at DMV-BAR stays at DMV-BAR (that is to say that winning or losing at DMV-BAR has no bearing on what happens in Court, and visa-verse).

When you accept a FL/DL you agree to take a breath test if asked to do so, and if you refuse, or if you blow over the legal limit, then your “privilege” is revoked. They are required to afford you some form of due process before they revoke your driving privilege, so they give you a whomping 10 days to get your affairs in order and, if you pay for and request it, then another approximately 40 day window within which a{n alleged} hearing takes place and they determine if the suspension should be invalidated or sustained.

The only (and I mean “only”)issues that DMV-BAR addresses in the scope of its review is 1) whether the officer had probable cause to ask you to blow, 2) whether you blew and 3) whether you were informed of the consequences. That’s it. Period paragraph. No pomp. No circumstance. Just extremely limited issues and tightly controlled questions and answers (by a Hearing Officer who is not trained in the law but who is thoroughly trained in the administrative code and process that s/he is directed – on pain of being fired – to follow to the tee). If the H/O decides that the officer had PC (whether rightly or wrongly), that you blew over or refused and that you were told of the consequences, then they will validate the suspension regardless of what happens in court; if they decide that any of their limited 3 issues has not been satisfied then they will invalidate the suspension – but that won’t preclude a later suspension IF you ultimately fail win in Court.

Bottom line: The only remedy you have is to appeal the DMV-BAR decision, and you are free to cite and argue the lack of PC issue until you are blue in the face. If your lawyer is tenacious enough, and if the facts and circumstances mitigate against the LEO having PC to have asked you to blow in the first place, then the appellate court can Order DMV-BAR to reinstate your DL. Unfortunately you have no other course of action whatsoever and are in DMV-BAR purgatory.

(As an aside, a new law went into effect yesterday which essentially provides a way for folks to side-step the “hard-time” suspension of their FL/DL for DUI arrests, but in order to avail oneself of the new law one must first waive one’s due process right to a formal review hearing.)


Michael A. Haber, P.A. has provided creative criminal defense litigation services since 1991 by effectively representing clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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