Illegal DUI Arrest Cannot Result in Driver’s License Suspension
The Florida Supreme Court ruled that a person’s driver’s license cannot be suspended when the only basis for the suspension is an illegal arrest by the police and the driver refuses the breath alcohol-detection test. The implied consent law requires all drivers to agree to a breath, blood and/or urine test when there is “reasonable suspicion” that the driver of the motor vehicle is driving while his or her “normal faculties are impaired.” This ruling regarding Driving Under the Influence (DUI) arrests will require hearing officers with the Department of Highway Safety and Motor Vehicles to consider the legality of the arrest and will allow defendants to put forth evidence regarding the DUI arrest. Prior to this ruling, the Department of Highway Safety and Motor Vehicles would almost always suspend licenses due to a driver refusing the test. If you have a DUI or another criminal charge, please contact us to discuss your case.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)