July 9th, 2009: Client's License Reinstated after Prevailing at Administrative Hearing
July 9, 2009 On June 2nd, 2009 a Police Officer from the City of West Palm Beach saw a SUV traveling the wrong way on North Dixie Hwy in the Downtown area. The officer initiated a traffic stop and made contact with the driver. The report stated that the driver had a flush face, his eyes were bloodshot, and his speech was slurred. When the officer asked him to step out of the vehicle he had trouble using his SUV for support. He performed poorly on the Field Sobriety Tasks the the officer asked him to perform. The officer then arrested him and transported him to the Breath Alcohol Testing center (BAT). He gave two samples of his breath the results of which were .180 and .167.
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 beginning 06/04/09 till 07/16/09 and a hearing was set for July 2nd, 2009. On that date, the hearing officer admitted the police reports, but the officer failed to appear. Mr. Norvell objected and moved to invalidate the administrative suspension. The motion was granted. Therefore, the "Department Hearing Officer determined that there was insufficient evidence to support" the suspension. Result: client can obtain a no fee duplicate driver's license and drive again.