In Florida if you initially refuse a breath or blood test the law allows you to recant your initial refusal. that is what happened to our client. she fought the initial suspension of her license at the DMV by requesting a Formal Review. we forced all the officers to come to the hearing. while the arresting officer denied that she wanted to take the breath test, proof was presented to the DMV by way of playing the body worn camera of the back up officer which clearly showed she wanted to take the test. even with that proof, the Hearing Officer upheld the suspension. But, we appealed to the Circuit Court and served the DMV with our appeal papers. Their attorney agreed with me that we proved our case and agreed to give her license back.
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