January 6th, 2010: Client's License Reinstated after prevailing at Administrative Hearing
January 6, 2010 On November 25th, 2009, An officer from the Boca Raton Police Department responded to an accident on St. Andrews Blvd. When he arrived the driver was out of the vehicle. He did not notice any smell or odor of an alcoholic beverage nor any signs of impairment.
However, A supervisor arrived and according to his police report made observations that led him to believe our client might be under the influence: eyes red and bloodshot, slurred speech.... That officer asked our client to perform Field Sobriety Exercises which according to the officer he did poorly. He was then arrested and transported him to the Palm Beach County Breath Test Facility at the jail.
The breath test was offered and our client refused. The Law Offices of Robert Norvell filed a demand for a formal review with the Department of Motor Vehicles. The formal review hearing was set for December 31st, 2009. At the hearing the Boca Raton Police could not establish that our client was actually behind the wheel. Nor could they reconcile why one officer did not observe any signs of impairment while another could. A motion was made to invalidate the suspension by Mr. Norvell and the Hearing officer held: "there was insufficient evidence to support that the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle."