Facts: Our client was arrested for DUI and we elected to have a formal review hearing regarding the administrative suspension on his driver’s license. At the hearing we argued that the officer did not see our client in actual physical control of the motor vehicle and therefore, there was no reasonable suspicion to request our client to perform field sobriety exercises or submit to blood, breath or urine. However, the DMV upheld the suspension and we immediately went to work on a writ to appeal that decision. Once the writ was completed it was sent to the DMV before filing.
Results: Our writ was provided to the DMV for review before filing it with the circuit court. Within 3 days of reviewing our writ and reading over the case law cited we received an amended order vacating the suspension and reinstating our client’s driver’s license. Now our client no longer has a criminal charge for DUI and his license has been fully reinstated!