June 15, 2011

Supreme Court in Florida Reverses DUI License Suspension Rules

The Florida Supreme Court ruled last week that a driver’s license cannot be suspended if a blood alcohol test is refused following an illegal traffic stop, rolling back a state DUI law passed in 2006. In Florida, motorists are required to take sobriety tests if an officer has probable cause that they are impaired. If a driver refuses, their license can be immediately suspended, only to be regained during an administrative hearing. Under the 2006 law, defendants could not challenge the legality of the initial traffic stop during the administrative hearing. The Supreme Court decision rolls back that law to provide a means for a driver to take action if they feel that they are unfairly targeted.

http://www.jaxdailyrecord.com/showstory.php?Story_id=533786


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