July 7th, 2009: Client's License Reinstated after Prevailing at Administrative Hearing
July 7, 2009 On May 27th, 2009 a Palm Beach County Deputy responded to a traffic crash at Southern Blvd. and Crestwood Blvd. Once there, he met with a person there who was identified as the driver at fault in the accident. She had reddened eyes, unsteady feet, and a coffee cup with rum in it. She was also speaking to people who were not present. The deputy then asked her to perform field sobriety exercises which according to his report she failed. She was then taken to the Breath Alcohol Testing facility (BAT center). She gave two samples which were .123, and .130.
The Law Office of Robert Norvell filed a demand for a Formal Review with the Department of Motor Vehicles. The Client was given a temporary license that was good until July, 17th, 2009. The hearing was set for July 1st, 2009. At the hearing, Mr. Norvell moved to exclude the reports under Florida's Accident Report Privilege Act. One officer was present but the one that could place her behind the wheel at the time of the accident was not. Because of the Accident Report Privilege the hearing officer did exclude the reports and the suspension could not be sustained with only the one officer's testimony. Result: client can obtain a no fee duplicate driver's license and drive again.