To FL DSMV -- FL Dept of Highway Safety and Motor Vehicles -- re: 2nd Public Record Request

Susan A. filed this request with the Department of Highway Safety and Motor Vehicles of Florida.

It is a clone of this request.

Status
Completed

Communications

From: Susan A.

Re: Public Records Request

To FL Highway Safety and Motor Vehicles, Terry L. Rhodes, Executive Director --
Media Inquiries - (850) 617-3102 or HSMV-Media@flhsmv.gov :

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a copy of the document with the paragraph(s) or page(s) of procedures used by your agency in Florida which explains the answer to the following question:

When a person in Florida is arrested on a DUI charge -- but a prosecutor / state attorney later decides not to file any charges against the arrested suspect because the police officer "failed to observe the suspect's rights," then: since no charges were filed, is there any suspension of the driver's license?

For example: a battery is committed by police on a driver, prior to the police asking the driver to blow for a DUI -- and the battery appears on a police videotape. And, due to the battery, the driver refuses to blow -- and the prosecutor, after seeing the video, decides not to prosecute.

Also see here:

http://www.nolo.com/legal-encyclopedia/arrests-that-dont-result-criminal-charges.html

"Arrests That Don’t Result in Criminal Charges
Many factors go into a prosecutor's decision not to file charges against an arrested suspect

Intake prosecutors may decline to file charges for a number of reasons. Among the most common are:

The police officer failed to observe the suspect’s rights. If, through obvious police error, the prosecution lacks enough admissible evidence to make a criminal charge stick, the charge probably won’t be brought in the first place."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: Clark, Jennifer

Ms. Alyn,

Attached is a document from our Bureau of Administrative Review that is part of the training the Hearing Officers Receive. Also, section 322.2615, Florida Statutes, covers suspension of license.

This will close out our file on this request.

Jennifer Clark, Certified Paralegal
Public Records Coordinator
Department of Highway Safety and Motor Vehicles
Office of the General Counsel
Room A432, MS 2
Phone: (850) 617-3101
Fax: (850) 617-5112

From: Susan A.

Dear Jennifer Clark, Certified Paralegal, Public Records Coordinator:

Thank you for your response, but you failed to answer or address my question, and the document you sent to me is irrelevant because it concerns charges that go to court.

My question is this: when NO CHARGES ARE FILED after a person is [falsely] arrested for a DUI, can your department still suspend the license?

What is the answer to that question, because in such a matter, the case never goes to court, since: NO CHARGES FILED is the final disposition from the state attorney.

Thank you.

From: Susan A.

PS And, obviously, there must be some type of procedure on a public record in your department which addresses this situation, of NO CHARGES FILED against a person -- or is there not? Thank you.

From: Clark, Jennifer

Ms. Alyn,

In response to your question:

If a driver is stopped for driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances; Driver refused to submit to a urine test or a test of their breath-alcohol or blood-alcohol level after being requested to do so by a law enforcement officer or correctional officer their license will be suspended immediately.

Our Department takes administrative action based on the DUI arrest as outlined in section 322.2615, Florida Statues and these proceedings have no bearing on the decision with the court except in cases where the charge is for driving with an unlawful blood alcohol level and the driver was found not guilty during a trial.

Once suspended the driver must petition the Department within 10 days to challenge the administrative action. After the 10 days, if there is no challenge the suspension will be sustained and can only be removed if the driver Appeal.
The appeal can be initiated by filing a petition for writ of certiorari in the circuit court within 30 calendar days of the order by following the procedure specified in section 322.31, Florida Statutes.

I trust that this answers your question.
Thanks,

Jennifer Clark

From: Susan A.

Dear Jennifer Clark:

When a person is falsely arrested for a DUI (again, falsely arrested, without cause and without so much as a traffic violation), and the police commit an assault and battery on the driver for no reason, and such is on video, and the state attorney decides NO CHARGES FILED is the final disposition, how and when is this final disposition transmitted to your department? And, what is the impact of NO CHARGES FILED? Do you still suspend a license for a year when the matter does not go to court because: NO CHARGES FILED is the state attorney's decisioN?

Also, I read in the state law that your department is required to notify a driver unless the driver notifies your department of the name and address of a lawyer. When a driver never notifies your department of any lawyer, it would seem to me: your department is required to contact the driver for any suspension hearing.

Who is the person at your agency in charge of files that would show if a driver did or did not contact your agency with the name of a lawyer? I would like to seek a file from that agency department, if such a file exists or such information exists, to receive a letter from your agency that: no attorney name was ever given.

How long are these records kept?

Thank you for your help.

From: Susan A.

PS I would be remiss if I did not also point out the effect of an assault and battery by police on an innocent person who is not DUI: the person does not blow into the breath machine, fearing, rightly, that the police officer who committed the unlawful act is about to commit another unlawful act by telling lies about the reading, which should be ZERO since no drugs and no alcohol of any kind are involved. In such a situation, a driver then goes to their family doctor, tells what happened, gets an order for a urine test, chooses a local lab at random, and takes a urine test, showing: ZERO was in the driver.

It is quite devastating that your agency does not allow this information and evidence to ever be put on the record, if your agency is conducting hearings without contacting innocent drivers.

Because what results instead is either a hearing that is totally unfair to the driver, with the appearance of a lawyer never contacted by or known to the driver, or, a stack of complete forgeries filed in court by both the corrupt lawyer and your department, to cover up for the police, with false statements to conceal the assault and battery by the police.

It is quite remarkable that this type of corruption happens in Naples, Florida and a state agent such as yours, and such a stack of forgery of documents in now here on MuckRock, so I know it does happen in Naples, Florida, which is Collier County.

I don't know that the police are always assaulting and battering innocent citizens, but I suspect they do when they are ordered to do so by their chief, who is ordered to do so by a corrupt racketeering lawyer working for the city, who is ordered to do by corrupt politicians seeking to harm a witness to what they know is public corruption.

When the State Bar Association which regulates lawyers is totally corrupt and willing to cover up wrongful conduct by corrupt attorneys, it is really a bad situation for an innocent citizen / witness who then must leave the state to avoid future assaults and batteries ordered by corrupt politicians via their police agents.

It would be good if this sort of corruption did not happen, but, again, it does and it did, in October 2000 and beyond. Maybe someday someone will be held accountable.

Until then I will continue to seek public records in this matter, and I do hope you provide to me the name of the contact and division/dept in charge of files pertaining to allegedly existing contact from a driver with an attorney name and address to your department.

I am sorry if this message sounds odd or strange to anyone who reads it. It is worse to have this happen to you than to merely read about it.

Thank you.

From: Clark, Jennifer

Ms. Alyn,

Upon arrest drivers are notified of their roadside suspension and their right to request a hearing with the Department. Upon request from the driver or their attorney the Department will schedule a hearing and send notice of such hearing to the requested party. If there is no request, the Department does not schedule a hearing.

Files for cases where a hearing is requested are maintained at the local Bureau of Administrative Reviews office for a period of 120 days after the hearing is held. The suspension stays on the driving record for a period of 75 years.
Thanks,

Jennifer Clark

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