Thanks for asking me “What’s the difference between a Formal, an Informal and an Eligibility Review Hearing?” When you get arrested for DUI in FL and either blow over the legal limit (.08) or refuse to blow then your driver license is automatically and administratively suspended. At this point the only license that you may be entitled to is a restricted BPO or “Hardship License”, but in order to get one you have to elect one of the following 3 paths, and jump through a few proverbial hoops, within 10 days of your arrest.
In a Formal Review Hearing you can subpoena witnesses, you get to cross-examine them under oath and you can also present evidence of your own. To some extent a Formal Review let’s you gather potential evidence for later use in court, but in doing so you also incur the risk of losing, and thereby becoming ineligible for a Hardship license for a period of time.
Informal Review Hearings occur with no witnesses, no testimony and are solely based upon the DMV Hearing Officer’s review of documents provided by the police in support of your arrest and by you, should you provide anything for consideration. The same risk of losing, and thereby being declared ineligible for a Hardship license, applies here.
An Eligibility Review isn’t a “hearing”; rather it’s an interview. Instead of challenging the administrative suspension like you do in both the Formal and Informal Reviews, in an Eligibility Review you admit the legitimacy of the suspension.
Unfortunately, when it comes to DMV hearings the odds are usually with the house, so make sure to speak with a lawyer beforehand, choose the one that’s best for you and hire an attorney to make sure that it’s all done right.
Thank you for your question, I appreciate your having asked it and I invite you to ask me more. Remember, at #HaberPA it’s all about reasonable doubt!
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
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