Your
DUI Lawyer for Tampa, Clearwater, St Petersburg & Beyond:
The 10-Day Rule & Establishing a DUI Defense
In the Tampa Bay area, one of the first
steps in establishing a defense for a DUI charge is responding
to what is commonly known as “the 10-day rule.”
The 10-day rule refers to the fact that, after a police
officer takes away your drivers license during your DUI
arrest, you will receive a ticket for DUI. This DUI ticket
serves as a 10-day driving permit. After the 10 days are
over, your drivers license will automatically be suspended
for 6 months or longer, depending on the circumstances of
your DUI. If you contact an experienced Tampa DUI lawyer
in time, your lawyer can immediately begin the process of
trying to reinstate your license.
Regardless of whether your DUI occurred
in Clearwater, St Petersburg, or Tampa, your DUI lawyer
has 10 calendar days from the date of your arrest to request
a “formal review hearing.” A formal review hearing
takes place at the Florida Department of Highway Safety
and Motor Vehicles (DHSMV).
At the formal review hearing, the DHSMV
will decide whether your arresting officer was correct in
taking away your drivers license. Your Tampa
DUI lawyer would present evidence to reinstate your
drivers license. If the DHSMV finds in favor of you and
your DUI lawyer, your driver license would be reinstated
and the “administrative suspension” on your
license would be removed from your record.
It is important to note, however, that a
formal review hearing is a civil procedure that has no direct
consequence on your DUI charges. After the formal review
hearing, your criminal DUI case would proceed as scheduled
and your Tampa DUI lawyer would still have a lot of work
to do to fight your DUI charges.
DUI lawyer Andrew Spicola, an attorney of
counsel with Clark & Martino, P.A. in Tampa, Florida,
believes there are several benefits to requesting a formal
review hearing, such as:
(1)
Once a formal review hearing is requested to reinstate
your drivers license, attorney Spicola will also request
a temporary driving permit for you. This temporary permit
will enable you to drive during the period of time that
we prepare for your formal review hearing. This period
of time is up to 30 days, thus giving you a few more weeks
to drive after your DUI arrest.
(2)
The hearing gives attorney Spicola a chance to review
police documents and evidence, as well as question police
witnesses. The evidence gathered at a formal review hearing
provides an excellent starting point in fighting your
criminal DUI case.
(3)
As your DUI lawyer, Mr. Spicola can conduct the formal
review hearing without you being present. This provides
additional protection to you. If you do not attend, you
will not be subject to questioning that could harm your
DUI case.
(4)
As we question officers and present evidence in the formal
review hearing, anything revealed in the hearing can be
used to improve the defense of your criminal DUI charge.
The 10 day rule is one of the most important
reasons to immediately contact DUI lawyer Andrew Spicola
at Clark & Martino in Tampa, Florida. Please call us
to schedule a free consultation or fill out the form on
our Contact Us page. Andrew Spicola represents DUI defendants
throughout the greater Tampa Bay area including Pinellas
Park, Safety Harbor, Clearwater, Lutz, St. Petersburg, New
Port Richey, Pasco County, Dunedin, Palm Harbor, Largo,
Odessa, Oldsmar, and beyond.
Remember that, the sooner you contact a
Tampa DUI lawyer, the better chance you have at beating
the 10-day deadline of filing to have your license reinstated
at a formal review hearing.
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