Verifiable Case Result

Drivers License Suspension Set Aside after Appeal

State v. R.S.; Case No. 562011MM000751, (Saint Lucie County) Bureau of Administrative Review Appeal Case No: 11-AP-13

Arresting Agency: Saint Lucie County Sheriff’s Office

Case Summary: Our client was arrested for DUI. He took the breath test and blew a 0.000. The police, suspecting impairment by marijuana, asked our client to take a blood test, to which our client understandably refused. Under Florida Law, a blood test can only be compelled when there is an accident involving serious bodily injury or a death. The other exception would be if a breath and/or urine test were impractical under the circumstance. We filed a Writ of Certiorari and argued that the Department of Motor Vehicles erroneously suspended our client’s driver’s license after the formal review hearing.

Result: The lawyer handling the appeal for the DMV agreed with our argument, and immediately directed that the administrative suspension of our clients driver’s license be set aside and removed from his driving record.


Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties