One of the best ways to win a DUI breath test case (sometimes called the “DUBAL”) is to get the court to suppress the breath test, making it inadmissible at trial. In one of our recent cases, the Honorable Mary Catherine Green, in the courthouse in Lakeland, FL, suppressed our client’s breath test reading that was over the legal limit of .08. The case was published in Florida Law Weekly as State v. Mitchell, 31 Fla. L. Weekly Supp. 213a. (Polk Cty. Ct. 2023). The prosecutor dropped the DUI case right before the trial. At the hearing, we provided the Court with a copy of all trial orders suppr ..read more

What happens if the police officer cannot remember anything about a portion of a criminal investigation? For example, in many driving under the influence (DUI) cases in Florida, the arresting officer has difficulty remembering how the subject did on field sobriety exercises. These problems are most pervasive when there is no video recording of the roadside investigation. In those cases, the prosecutor might ask the officer if reviewing his report would refresh the officer’s independent recollection. If so, the officer is permitted to review his report, and if it refreshes his independent recol ..read more

I still can’t get over the fact that Governor DeSantis suspended Hillsborough County’s twice-duly-elected State Attorney, Andrew Warren, a Democrat. After the suspension, Governor DeSantis replaced Warren with The Honorable Susan “Suzy” Lopez, a Republican. Maybe because it is complicated to explain, but the media has done a terrible job covering this local coup d’état. Most people I know, including most of the local criminal defense bar, like and respect The Honorable Suzy Lopez. Nevertheless, we were all shocked and dismayed that she’d participate in this kind of political stunt. During the ..read more

  If you are convicted of DUI, then the court must impose a driver’s license revocation for at least six (6) months. Most people are eligible for a restricted license (sometimes called the “hardship license”) after the DUI plea. Unfortunately, the Department of Highway Safety and Motor Vehicles (DHSMV) is taking a long time to issue these permits for hardship driving privileges. This article explains the best way to get hardship driving privileges after entering a DUI plea. Of course, the best way to avoid all of these requirements is to avoid a DUI conviction entirely. If you are unable ..read more

After a DUI arrest, if you demand a formal review hearing and the administrative suspension is not invalidated, then you will qualify for a hardship license until after the hard suspension. The hard suspension period is: 30-day for a first DUI with a BAC over .08; a 90-day hard suspension for a DUI with a first refusal to submit to a breath, blood, or urine test. Additionally, if you are convicted of DUI in court, then the court must revoke the driving privileges for a least 6 months (sometimes called the court-ordered revocation). A longer court-ordered revocation is required for: a secon ..read more

Did you receive a letter concerning a subpoena for your medical records from Andrew H. Warren, State Attorney for the 13th Judicial Circuit? If you were involved in a crash and DUI investigation, even if you were NOT arrested, the investigation might trigger such a letter regarding how to object to the issuance of the subpoena of your medical records. Attached to the letter is the prosecutor’s proposed  “Instanter Subpoena for Medical Records – Blood” form. If you hire an attorney to object to the issuance of the subpoena, it might ultimately prevent the State Attorney’s Office from secur ..read more

According to a press release issued by the Public Affairs Office of the Hillsborough County Sheriff’s Office on January 11, 2021, 71 people (all men) were arrested in “Operation Interception.” In addition to the written press release, Sheriff Chad Chronister also held a live press conference to take credit for taking a “proactive approach to combat human trafficking” leading up to the Super Bowl coming to Tampa in February of 2021. Operation Interception was an undercover sting operation that ran from December 7, 2020, until January 9, 2021. The charges that arise from these sting operations ..read more

After an arrest, not everyone is able to immediately bond out of jail. Even some misdemeanor charges might result in a person being held until the first appearance court hearing. For serious felony charges, such as DUI Manslaughter, a first appearance hearing is required before the court will set bond. The most common misdemeanor offense that requires a first appearance hearing is for domestic violence battery. In a domestic violence case, the court will tell the person what they are charged with, set a bond (if they are eligible for a bond), and impose a “no contact” provision. The “no conta ..read more

If you were recently served with a petition for an injunction for protection from domestic violence (sometimes called a restraining order), then contact the attorneys at Sammis Law Firm. For more than 10 years, our attorneys have been appearing in court in Tampa and Plant City to represent respondents facing false or exaggerated accusations of domestic violence, repeat violence, dating violence, or stalking. If the allegations of domestic violence resulted in an arrest for domestic violence battery or related charges, then our experienced criminal defense attorneys can represent you on the fel ..read more