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Wednesday, September 24, 2014

Florida DUI Arrest Contest Costs $1,720,000

Give away $18,000
Cost citizens nearly $2,000,000.
9500 percent ROI. 
As a Georgia DUI Lawyer noted, when contests and quotas are in play, some police agencies keep their eyes on the prize. In that case , there is a civil rights lawsuit attacking quotas for DUI Arrests.


Florida DUI Arrest Contest - True Costs


Meanwhile, back in Florida, one small Florida town became the best losers by finishing second in the DUI Arrest Contest that is an ongoing competition to see who can make the most arrests and win cash and prizes. They won $18,000 for 86 arrests. 

Let's do the math (show your work) and find the actual cost to some Americans - $1,720,000. 

86 Arrests x $5,000.00 Legal Fees =   $  430,000
86 Arrests x $2,500.00 Fines =          $   215,000
86 Arrests x $12,500 Insurance =       $1,075,000


Total Estimated Costs to Citizens =                  $1,720,000

Great return on investment. Give away $18,000 and cost citizens nearly $2,000,000. This is a 9500 percent return on investment ( ROI ). 

By the way, the headline read, "Village police win $18,000 for DUI safety equipment." The police in this town also train cops in the faux science of Drug Symptom Recognition. The chief of police sends his"Drug Recognition Enforcement (DRE) program officers to attend numerous DUI checkpoints and training to gain valuable experience."  We have covered the fake science associated with Drug Recognition Experts and their creation by the DUI Industrial Complex here.

Read the complete DUI Arrest Contest Winners story here: 


Previous Florida DUI Arrest Contest Coverage


  • Florida DUI Arrest Contest Winners? | Tampa DUI Lawyer ...

    www.dui2go.com/2014/04/florida-dui-arrest-contest-winners.html
     Rating: 4.9 - ‎Review by Google+
    DUI Arrest Contests, Driving under the influence ( DUI ), Arrest Contest ... contestswere, but it appears that citizens' arrests are prizes in this despicable contest.
  • Pasco DUI Cop | Arrest Contest Winner | Tampa DUI Lawyer ...

    www.dui2go.com/2011/04/pasco-dui-cop-arrest-contest-winner.html
     Rating: 4.9 - ‎Review by Google+
    DUI Defense Attorney notes that Pasco DUI cops are continuing their efforts to win DUI arrest contests. Florida Highway Patrol spokesman for the highway ...
  • Florida Drivers are Targets in Law Enforcement Contests ...

    www.dui2go.com/2014/07/florida-dui-arrest-contest.html
     Rating: 4.9 - ‎Review by Google+
    These valuable items were on the line during a sponsored contest to see who was the best in the business in traffic law enforcement. Tampa DUI Attorney ...
  • DUI Arrest Contest Rules and Prizes | DUI Lawyer On Call ...

    www.dui2go.com/2011/12/dui-arrest-contest-rules-and-prizes.html
     Rating: 4.9 - ‎Review by Google+
    DUI Attorney on Florida's West Coast just uncovered the "rules" for a recent DUI ArrestContest. The awards are characterized as DUI enforcement equipment, ...
  • DUI Video | Pasco Florida Highway Patrol Arrest Contest ...

    www.dui2go.com/2011/11/dui-video-pasco-florida-highway-patrol.html
     Rating: 4.9 - ‎Review by Google+
    DUI Video | Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have ...
  • More DUI Arrest Contest News | DUI Lawyer On Call 813 ...

    www.dui2go.com/2011/02/more-dui-arrest-contest-news.html
     Rating: 4.9 - ‎Review by Google+
    More DUI Arrest Contest News. DUI Defense Attorney Observes: As we continue to tally the awards given to police officers who arrest drivers, we felt this ...
  • Saturday, August 23, 2014

    Le'Veon Bell Marijuana DUI Police Report

    Le'Veon Bell, dui, marijuana dui, blood test, impairment

    Marijuana DUI Blood Testing - NFL


    A high profile NFL Player DUI arrest of Le'Veon Bell was handled by police with the investigative technique most likely to succeed  - a blood test.. The only scientific way to determine the presence of marijuana (or drugs) and make a medical determination of impairment is a legally obtained blood test for cannabis or drugs.


    Excerpts from a Marijuana DUI Police Report


    "I didn't know that you could get a DUI for being high. I smoked two hours ago. I am not high anymore. I am perfectly fine." "Why would I be getting high if I had to get on a plane to make it to my game?"

    Free Legal Advice


    Don't Talk to Cops about getting high. Let me break it down. Without a scientific test to prove drug levels of drugs present in the suspect's body - it is very tough for prosecutors to make a case. In fact, cops admit marijuana impairment in DUI cases is tough to prove. One DUI officer said, "[w]e cannot quantify the marijuana and or any other narcotic and which does make it difficult," said the policeman who was interviewed. "There is not a line in the sand with marijuana or any type of narcotic," said the law enforcement officer.

    Le'Veon Bell Marijuana DUI Police Report


    Le'Veon Bell Marijuana DUI Arrest Police Report
    Le'Veon Bell Marijuana DUI Arrest Police Report
    #oops #dui #nfl




    #marijuana #youdontsay #usatoday #Le'VeonBell  #LeVeonDoesntKnow



    Tuesday, August 19, 2014

    Third DUI Life Sentence - Full Text of Opinion

    What has been described as a life sentence for a 3rd DUI is actually the defendant's fifth DUI. Still Texas has ruled a life sentence is not disproportionate to the crime. The court noted, "Davidson also had two prior misdemeanor convictions for the offense of driving while intoxicated, and evidence of those convictions was presented at sentencing. Thus, this was actually her fifth DWI conviction."

    Case Excerpt: "It is well established that a sentence of life imprisonment or of similar length is not grossly disproportionate to a felony offense that is committed by a habitual offender, even when the felony is not inherently violent in nature.

    Here is the full text of the opinion with footnotes omitted.

    "TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

    NO. 03-13-00708-CR

    Rose Ann Davidson, Appellant

    The State of Texas, Appellee

    FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT
    NO. CR-12-0735, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

    M E M O R A N D U M  O P I N I O N 

    A jury convicted appellant Rose Ann Davidson of the felony offense of driving while intoxicated, subsequent offense. Punishment, enhanced by two prior felony convictions for the offense of driving while intoxicated, was assessed at life imprisonment. In a single point of error on appeal, Davidson asserts that the sentence of life imprisonment is “grossly disproportionate” to the offense that she committed and thus constitutes cruel and unusual punishment.

    The State responds that Davidson failed to preserve error on this point. We agree. It is well established that to preserve a complaint of cruel and unusual punishment, a defendant must make a timely, specific objection to the trial court or raise the issue in a motion for new trial. Here, Davidson did neither. Accordingly, any error has been waived. 

    Moreover, even if this issue had been preserved below, we could not conclude on this record that Davidson’s complaint has merit. It is well established that a sentence of life imprisonment or of similar length is not grossly disproportionate to a felony offense that is committed by a habitual offender, even when the felony is not inherently violent in nature.  Here, Davidson was convicted of the felony offense of driving while intoxicated, and she pleaded true to two prior felony convictions for that offense. Based on Davidson’s repeated commission of the offense of driving while intoxicated, a dangerous offense that placed her life and the lives of others in jeopardy, we could not conclude that a sentence of life imprisonment was grossly disproportionate to the offense so as to constitute cruel and unusual punishment. We overrule Davidson’s sole point of error. We affirm the district court’s judgment of conviction.

    Wednesday, July 30, 2014

    Florida DUI Administrative Suspension Review Hearings - Complete Text of Rules

    DUI, BAR, Bureau of Administrative Reviews
    Florida DUI Administrative Suspension Review Hearings - Complete Text of Rules
    Chapter 15a-6
    Administrative Suspension Review Hearings
    15a-6.001             Purpose
    15a-6.002             Definitions
    15a-6.003             Filing
    15a-6.004             Computation Of Time
    15a-6.005             Notice Of Suspension/ Disqualification
    15a-6.006             Request For Review
    15a-6.007             Appearances
    15a-6.008             Recusal
    15a-6.009             Venue
    15a-6.010             Motions
    15a-6.011             Notice Of Hearing; Prehearing Order
    15a-6.012             Subpoenas
    15a-6.013             Formal Review; Introduction Of Evidence; Order
    15a-6.014             Preservation Of Testimony
    15a-6.015             Failure To Appear
    15a-6.018             Informal Review
    15a-6.019             Judicial Review
    15a-6.020             Forms
    15a-6.001 Purpose.
    This rule chapter sets forth the standards for proceedings relating to the review of a suspension or disqualification of a person’s driving privilege pursuant to sections 322.2615, 322.2616, or 322.64, f.s.

    15a-6.002 Definitions.
    (1) clerk – a division employee charged with the responsibility of performing the functions described in rules 15a-6.003 and 15a-6.012, f.a.c.
    (2) hearing officer – the term “hearing officer” means a division employee designated to conduct any proceeding prescribed by these rules.
    (3) division – the term “division” means the division of driver licenses of the department of highway safety and motor vehicles.
    (4) formal review – an evidentiary hearing requested by the driver or his attorney pursuant to rule 15a-6.006, f.a.c.
    (5) informal review – a review of the materials submitted by the driver and the officer without the presence of the driver, the officer, or any witness pursuant to rule 15a-6.018, f.a.c.
    (6) service – service of any document as provided by these rules shall be by regular united states mail or by personal delivery.
    (7) disqualification – a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle.
    (8) recusal – the removal of a hearing officer from a review because of a well-founded fear that the driver will not receive a fair and impartial hearing.
    (9) suspension – the temporary withdrawal of a licensee’s privilege to drive a motor vehicle.

    15a-6.003 Filing.
    (1) in construing these rules or any order of a hearing officer, filing shall mean received by the office of the clerk of the appropriate division office during normal business hours or by the hearing officer during the course of a hearing.
    (2) all documents filed by the driver with the division shall contain the following:
    (a) the style of the proceeding, if known;
    (b) the name of the driver and the driver’s license number;
    (c) the docket, case, citation, or file number, if any;
    (d) the name, address, and telephone number of the person filing the document; and
    (e) the signature of the person filing the document.
    (3) any document received by the office of the clerk after 6:00 p.m. Shall be filed as of the next business day.

    15a-6.004 Computation Of Time.
    In computing any period of time required by these rules, by order of a hearing officer, or by an applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a saturday, sunday, legal holiday or any other day in which the applicable division office is closed in which event the period shall run until the end of the next day which is neither a saturday, sunday, legal holiday or other day in which the applicable division office is closed. For purposes of these rules, legal holiday means those days designated in section 110.117, f.s.

    15a-6.005 Notice Of Suspension/ Disqualification.
    (1) the issuance of the uniform traffic citation, hsmv form 75903, or hsmv form 75904, will inform the driver of the following:
    (a) the suspension or disqualification of the driving privilege if the driver’s blood-alcohol or breath-alcohol level is .08 or higher or the driver refused to submit to a breath, urine or blood test.
    (b) the issuance of a 10 day temporary driving permit commencing upon the date of issuance of the notice of suspension and expiring at midnight on the 10th day following the date of suspension, provided that the driver is otherwise eligible to drive. The provisions of rule 15a-6.004, f.a.c., shall not apply to this paragraph.
    (c) the driver’s right to request a formal or informal review, and the procedures to be followed in obtaining a formal or informal review.
    (d) the issues to be considered by the division in a formal or informal review.
    (e) a copy of the notice of suspension submitted by a law enforcement or correctional officer shall constitute evidence that the driver received a temporary permit and notice of the reason for the suspension.
    (2) the issuance of a notice of suspension, hsmv form 78103, pursuant to section 322.2616, f.s., will inform the driver of the following:
    (a) the suspension of the driving privilege upon the date of issuance of the notice for an alcohol level of .02 or higher or for refusal to submit to a breath test.
    (b) the issuance of a 10 day temporary driving permit commencing upon the date of suspension, provided that the driver is otherwise eligible to drive. The provisions of rule 15a-6.004, f.a.c., shall not apply to this paragraph.
    (c) the driver’s right to request a formal or informal review, and the procedures to be followed in obtaining a formal or informal review.
    (d) the issues to be considered by the division in a formal or informal review.
    (e) a copy of the notice of suspension submitted by a law enforcement or correctional officer shall constitute evidence that the driver received a temporary permit and notice of the reason for the suspension.
    (3) if the notice of suspension/disqualification has been mailed by the division, the suspension or disqualification shall be effective 20 days from the date of issuance of the notice. The provisions of rule 15a-6.004, f.a.c., shall not apply to this subsection. For the purpose of this rule, the date of mailing shall be deemed the date of issuance of the notice. The notice of suspension/disqualification issued by the division, hsmv form 78031, shall inform the driver of the following:
    (a) the suspension or disqualification of the driving privilege if the driver’s blood-alcohol or breath-alcohol level is .08 percent or higher or the driver refused to submit to a breath, urine or blood test, shall be effective 20 days from the date of the notice.
    (b) the driver’s right to request a formal or informal review, and the procedures to be followed in obtaining a formal or informal review.
    (c) the issues to be considered by the division in a formal or informal review.

    15a-6.006 Request For Review.
    (1) initiation of a formal or informal review shall be made by a written request for review to the division. Hsmv form 78065 may be used for this purpose.
    (2) all requests for review shall include:
    (a) the name, address, driver license number, and date of birth of the driver;
    (b) a statement of the date of suspension and the county where the driver received notice of suspension or disqualification of the driving privilege.
    (c) a copy of the notice of suspension/disqualification issued to the driver.
    (3) any request for a formal or informal review must be postmarked or filed with the clerk of the appropriate division office within ten (10) days following the date of the issuance of the notice of suspension/disqualification.
    (4) if the notice of suspension/disqualification has been mailed by the division, the date of mailing shall be deemed the date of issuance of the notice for the purpose of this rule. To obtain a review, the driver must request a formal or informal review pursuant to subsection (3) within 10 days from the date of issuance of the notice.
    (5) no later than 10 days after filing the request, the driver may submit a motion to change a request for formal review to a request for informal review or a request for informal review to a request for formal review.
    (6) if the driver withdraws a request for review, no review of the suspension will be conducted.
    (7) if no review is timely requested, or the driver withdraws the request for review, the suspension shall become final as of the date of issuance of the notice of suspension.

    15a-6.007 Appearances.
    (1) any attorney who files a request for formal or informal review or who files any document with the division shall be deemed to have entered an appearance and be counsel of record in the proceeding. Any attorney representing the state of florida may file a notice of appearance. As soon as possible, attorneys should file a notice of appearance.
    (2) service on counsel of record shall constitute service on the driver represented.
    (3) on written motion, the hearing officer shall grant counsel of record leave to withdraw, unless the withdrawal interferes with the efficient and proper functioning of the administrative proceedings. A copy of the motion shall be served by the attorney on the driver.

    15a-6.008 Recusal.
    (1) any motion for recusal of a hearing officer shall be filed with the hearing officer before whom the case is pending prior to the start of the hearing. The motion shall be accompanied by a written statement stating particular grounds for which a hearing officer may be recused. The written statement must state facts sufficient to show that the driver has a well-founded fear that he will not receive a fair and impartial hearing.
    (2) unless denied as untimely, a motion shall be decided by the hearing officer before whom the case is pending. The hearing officer shall determine the legal sufficiency of the motion and affidavit. If the motion and affidavit are found to be legally sufficient, the hearing officer shall recuse himself or herself, after which the division shall appoint another hearing officer to hear the case.
    Specific authority 322.2615(12), 322.02(4), 322.64(12) fs. Law implemented 322.2615, 322.64 fs. History–new 10-1-90, amended 10-7-91, 1-2-96.

    15a-6.009 Venue.
    Hearings shall be held in the judicial circuit where the notice of suspension was issued, unless otherwise ordered by the hearing officer with the consent of the driver.

    15a-6.010 Motions.
    (1) written motions may be filed with the appropriate division office as provided in rule 15a-6.003, f.a.c. oral motions may be made during a hearing, and rulings on such motions shall be made on the record.
    (2) with the exception of oral motions made at a hearing, all motions shall be in writing, shall specifically state the relief sought and provide the factual and legal grounds in support of the motion. Any motion which alleges or relies upon facts which are not a matter of record must be supported by affidavit.
    (3) motions shall be ruled on by a division hearing officer.
    (4) all motions and rulings thereon shall be included in the record of the proceeding.
    (5) prehearing motions shall be resolved by the hearing officer without oral argument unless the hearing officer requests argument and gives notice of the motion hearing to the driver or counsel of record.
    (6) the division is authorized to amend or correct mistakes brought about by inadvertence or clerical errors in its final orders within 30 days from the date of issuance of the orders or until a petition for writ of certiorari has been filed, whichever has first occurred. A written motion to correct or amend a final order shall be filed within 15 days from the date of issuance of the order. The filing of a motion to correct or amend shall not toll the time for seeking judicial review unless the division amends or corrects its order. An amended or corrected order which has been entered by the division pursuant to this rule shall be the final order for the purposes of judicial review. The motion to correct or amend shall state any errors contained in the final order, such as the identity of the driver, the driver’s license number, the length or nature of the suspension, or any clerical errors or inadvertent mistakes included in the order. The motion shall not re-argue the merits of the final order or seek to change the administrative decision.
    (7) except as provided in subsection (6), no motion may be filed after completion of a formal or informal review.

    15a-6.011 Notice Of Hearing; Prehearing Order.
    (1) whenever a formal review is to be conducted, the division shall issue and serve upon the driver a notice of hearing, hsmv form 78059. The notice shall state the time and place of the hearing, shall include a statement of the legal authority and jurisdiction under which the hearing is to be held, and shall refer to the particular statutes and rules involved. The driver shall be served notice of the hearing at least fourteen (14) days prior to the scheduled hearing.
    (2) the notice of hearing shall include a prehearing order requiring the driver to provide a prehearing statement, hsmv form 78061, of relevant issues of fact and law. The prehearing order shall direct the driver to identify witnesses, exhibits and documentary evidence.
    (a) the prehearing statement must be postmarked or filed with the appropriate division office within 10 days from the date of the notice of hearing.
    (b) the prehearing statement must identify with specificity those disputed issues of law and fact to be addressed at the hearing and summarize the anticipated testimony of all witnesses.
    (c) issues of law and fact, including alibi or identity of the driver, not identified in the notice of hearing or prehearing statement submitted by the driver shall not be litigated at the hearing.
    (d) upon request for a formal review hearing, if the suspension has not been sustained and the driver is otherwise eligible, the division shall issue a business purpose driving permit. If the suspension is subsequently sustained, the division shall cancel the permit.

    15a-6.012 Subpoenas.
    (1) the driver may request a subpoena/subpoena duces tecum, hsmv form 78066, for signature and issuance by the clerk or by the hearing officer, for the officers and witnesses identified in documents submitted pursuant to section 322.2615(2), f.s. these documents include the following: the driver’s license; an affidavit stating the officer’s grounds for belief that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances; the results of any breath or blood test or an affidavit stating that a breath, blood or urine test was requested by a law enforcement officer or correctional officer and that the person refused to submit; the officer’s description of the person’s field sobriety test if any; the notice of suspension; and a copy of the crash report, if any, if requested at or prior to the hearing. The hearing officer may issue a subpoena on his or her own initiative without the request of the driver. Such subpoena forms may be submitted ex parte to the division for issuance and shall be submitted as an original form with one copy.
    (a) if a driver requests a subpoena/subpoena duces tecum, the driver shall submit a typed hsmv form 78066 containing the name and address of the witness whose attendance is requested, the time and place at which the witness is to appear, and the driver’s name and address;
    (b) if a subpoena duces tecum is requested, the driver shall also describe with particularity and specificity any material to be produced and the relevancy of such material. Materials requested pursuant to a subpoena duces tecum are limited to a time period not to exceed three months prior to the date of suspension.
    (c) discovery subpoenas will not be issued.
    (d) where the person who signs an affidavit is subpoenaed, the notary or attesting officer may only be subpoenaed if relevant to an issue other than the attestation or notarization.
    (2) a driver who requests subpoenas to be issued is responsible for the service of such subpoenas and payment of any costs and fees. Service of witness subpoenas and compensation of witnesses shall be in the manner provided for service of witness subpoenas pursuant to sections 48.031, 92.141, and 92.142, f.s.
    (3) service of a witness subpoena upon a law enforcement officer or upon any federal, state or municipal employee called to testify in an official capacity may be made as provided in section 48.031(1), f.s., or by delivery to a designated supervisory or administrative employee at the witness’ place of employment if the agency head or highest ranking official at the witness’ place of employment has designated such employee to accept such service. However, no such designated employee is required to accept such service:
    (a) for a witness who is no longer employed by the agency at that place of employment;
    (b) if the witness is not scheduled to work prior to the date the witness is required to appear; or
    (c) if the appearance date is less than seven (7) days from the date of service.
    The agency head or highest ranking official at the witness’ place of employment may determine the days of the week and the hours that service may be made at the witness’ place of employment.
    (4) proof of service of a subpoena must include the date and time of service, the name of the person served, a certification of service by the person who served the subpoena, proof of payment of witness compensation pursuant to chapter 92, f.s., and a certification of written notice to the assistant state attorney.
    (5) if a driver requests a subpoena to be issued, the driver shall provide written notice prior to service of the subpoena to the assistant state attorney who is representing the state of florida in any related criminal action concerning a violation of section 316.193, florida statutes. If no assistant state attorney has been assigned to the criminal case, or there is no related criminal case, notice shall be given to the appropriate office of the state attorney in the circuit where the subpoena was issued. The division shall provide such notice if the division, rather than the driver, requests the subpoena. For the purpose of this subsection, written notice shall include a copy of the issued subpoena.
    (6) a hearing officer is authorized to amend or strike a request for subpoena or subpoena duces tecum which does not comply with the provisions of this rule.
    (7) a hearing officer is authorized to quash a subpoena or subpoena duces tecum prior to or at the review.

    15a-6.013 Formal Review; Introduction Of Evidence; Order.
    (1) upon receipt of a timely request for formal review, the division shall schedule a hearing to be held within 30 days after the request is received by the division, unless waived by the driver.
    (a) if the division is unable to schedule a hearing within the 30-day period, the division shall invalidate the suspension or disqualification. However, a continuance of a formal review scheduled to be heard within the 30-day period shall not affect the validity of the suspension or disqualification.
    (b) if the formal review is not conducted within the 30-day period because it is continued at the initiative of the division, rather than at the request of a driver, the division shall issue to the driver a temporary driving permit, provided that the driver is otherwise eligible to drive. The permit, which shall authorize driving for business purposes only, shall be valid until the time of the hearing.
    (2) the hearing officer may consider any report or photocopies of such report submitted by a law enforcement officer, correctional officer or law enforcement or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review. Any such reports submitted to the hearing officer shall be in the record for consideration by the hearing officer.
    No extrinsic evidence of authenticity as a condition precedent to admissibility is required.
    (3) to be considered as evidence, any relevant document which is not self authenticating as provided by subsection (2) may be introduced into evidence at the formal review if it has been properly authenticated by a witness or under a statute permitting its introduction by another method of authentication.
    (4) oral evidence shall be taken only on oath or affirmation.
    (5) the driver shall have the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver.
    (6) any relevant evidence shall be admitted, provided that it is timely filed as provided in this rule. Relevant evidence is defined as evidence which tends to prove or disprove a material fact.
    (7) the hearing officer shall determine whether the suspension or disqualification is supported by a preponderance of the evidence.
    (a) the scope of the review shall be limited to the issues delineated in sections 322.2615(7), 322.2616(8) or 322.64(7), f.s.
    (b) the hearing officer shall restrict the course of the hearing and the evidence to the issues of fact and law raised in the notice of hearing or in any prehearing statement filed by the driver in response to the prehearing order issued pursuant to rule 15a-6.011, f.a.c.
    (c) the hearing officer is the sole decision maker as to the weight, relevance and credibility of any evidence presented.
    (8) the testimony of any witness shall be under oath.
    (9) the hearing officer may question any witness.
    (10) the hearing officer, upon request at the hearing, may provide a reasonable time for a closing statement by the driver at the end of the hearing.
    (11) the hearing officer is authorized to enter a final order. The hearing officer shall file the original order, hsmv form 78060, with the clerk and the division shall transmit a copy of the order to the driver no later than seven (7) working days from the close of the hearing, unless waived by the driver.
    (12) the date of rendition of a final order shall be the date of mailing entered on the driver license record.
    15a-6.014 Preservation Of Testimony.
    (1) the division shall provide for the recording of all testimony. The department shall retain the recording of the proceedings and the case files for a period of 60 days following the issuance of the final order by the hearing officer. In the event a driver appeals a final order as provided in rule 15a-6.019, f.a.c., the department shall retain the recording of the proceedings in the case files until the conclusion of such appeal. The driver or his representative may obtain a copy of the recording during such retention period upon written request accompanied by the appropriate medium sufficient in length to record the hearing.
    (2) a driver who requests the presence of a certified court reporter for the purposes of preserving the testimony at the hearing is responsible for obtaining the services of the reporter. The driver shall bear the cost of any fee charged by the reporter. Any driver who wishes a written transcript of the hearing shall bear the expense for ordering the transcript. If a court reporter records the proceedings, the transcript prepared by the court reporter shall become the official transcript, a copy of which shall be provided by the driver to the division.

    15a-6.015 Failure To Appear.
    (1) if the driver fails to appear at a scheduled hearing, the formal review shall be waived. The division shall inform the driver of his failure to appear by hsmv form 78064, and shall include a final order.
    (2) the driver, or a properly subpoenaed witness who fails to appear at a scheduled hearing may submit to the hearing officer a written statement showing just cause for such failure to appear within two (2) days of the hearing.
    (a) for the purpose of this rule, just cause shall mean extraordinary circumstances beyond the control of the driver, the driver’s attorney, or the witness which prevent that person from attending the hearing.
    (b) if just cause is shown, the hearing shall be continued and notice given.
    (c) no hearing shall be continued for a second failure to appear.
    (d) notification to the department of a witness’s non-appearance with just cause prior to the start of a scheduled formal review shall not be deemed a failure to appear.
    (3) this rule shall not apply to the nonappearance of a driver who is represented at a formal review by an attorney.

    15a-6.018 Informal Review.
    (1) upon timely request for an informal review pursuant to rule 15a-6.006, f.a.c., the hearing officer shall conduct an examination of any relevant materials submitted by the driver and the officer, including the materials referred to in rule 15a-6.013, f.a.c.
    (2) the hearing officer shall determine whether the suspension or disqualification is supported by a preponderance of the evidence. The scope of the review shall be as provided in sections 322.2615(7), 322.2616(8) or 322.64(7), f.s. the informal review shall be conducted without the presence or testimony of the driver, the officer or any witness.
    (3) the hearing officer is authorized to enter a final order. The hearing officer shall file the original order, hsmv form 78060, with the clerk and transmit a copy to the driver no later than seven working days after completion of the review, unless waived by the driver.
    (4) the date of rendition of a final order shall be the date of mailing entered on the driver license record.

    15a-6.019 judicial review.
    A driver may appeal a final order entered by the division by a petition for writ of certiorari filed with the circuit court pursuant to sections 322.2615(13), 322.2616(14) or 322.64(13) and 322.31, f.s. a law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari to the circuit court in the county wherein a formal or informal review was conducted pursuant to section 322.2615(13), f.s. review by petition for writ of certiorari shall not stay the suspension or disqualification or provide for a de novo appeal.

    15a-6.020 Forms.
    The forms identified by this rule are listed below by number, title and effective date. Each form is incorporated by reference. Copies may be obtained by contacting the nearest office of the division of driver’s licenses, bureau of administrative reviews.
    (1) florida dui uniform traffic citation hsmv form 75904, and notice of suspension (effective 10-01-90, revised 10/91, 10/93, 10/06),
    (2) application for formal review or informal review of driver license suspension/disqualification hsmv form 78065, (effective 10-01-90, revised 07-01-91, 03/93, 10/06),
    (3) notice of formal review hearing/prehearing order hsmv form 78059, (effective 10-01-90, 06/93, revised 01/94, 10/06),
    (4) driver’s prehearing statement hsmv form 78061, (effective 10-01-90, 10/06),
    (5) subpoena/subpoena duces tecum hsmv form 78066, (effective 10-01-90, revised 07-01-91, 10/06),
    (6) affidavit of refusal to submit to breath, urine or blood test hsmv form 78054, (revised 10-01-90, 07-01-91, 07/93, 03/03),
    (7) order – results of review hearing hsmv form 78060(a), (b), (c) and (d), (effective 10-01-90, revised 08/92, 01/94, 10/06),
    (8) failure to appear notice hsmv form 78064, (effective 10-01-90, 10-01-06),
    (9) notice of license suspension/disqualification hsmv form 78031, (effective 10-01-90, revised 07-01-91, 01/94, 10/06),
    (10) notice of suspension hsmv form 78103, (effective 09-01-96, revised 09/05),
    (11) notice of commercial driver’s license/privilege disqualification hsmv form 78005, (effective 04/91, revised 10/97).