Hernando County Driver Has License Suspension Invalidated
A deputy from the Hernando County Sheriff’s Office responded to the intersection of Treehaven Drive and Pinehurst Drive in Spring Hill in reference to a driver that was sleeping behind the wheel of his vehicle.
The vehicle was stopped at a stop sign, and the deputy went to contact the driver of the vehicle. The deputy noticed that the driver was sleeping, and the vehicle smelled like alcohol. The deputy then requested another officer come to the location for a DUI investigation. That deputy noticed that the driver had bloodshot and watery eyes as well as an odor of alcohol coming from his breath.
The driver agreed to preform field sobriety exercise, and the deputy noted that the driver had horizontal gaze nystagmus in both eyes. Ultimately, the driver was placed under arrest and transported to the Hernando County jail to provide a breath sample. The driver agreed to submit to a breath test, which indicated a breath alcohol concentration of 0.158 and .0170.
The driver hired Meldon Law. The attorneys at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. During the hearing, the attorney from Meldon Law made a motion to invalidate the license suspension based upon the failure of a material witness to appear. The hearing officer later issued an order setting aside the license suspension.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Date of Suspension: June 13, 2019).
