Florida law requires that the hearing officer SHALL invalidate the suspension if the arresting officer or the breath test operator fails to appear. Other reasons to invalidate the suspension might include:
- the defendant recanted his refusal to submit promptly and after that agreed to take the chemical test;
- the arresting officer does NOT submit the police reports and other required documents to the DMV in time for the hearing;
- insufficient evidence to support one of the issues in the case;
- an illegal stop, detention or arrest occurred;
- one breath test reading is below .08, and one is at or above .08;
- the officer gave incorrect advice or information about the consequences of taking the test or refusing;
- a failure to read Miranda warnings before a custodial interrogation;
- forcing or compelling the defendant to participate in field sobriety exercises;
- the breath test machine did not return a valid reading over the legal limit;
- the twenty minute observation period was not followed just before the breath test;
- the breath test operator or agency inspector did not have a valid permit; or
- the breath test machine was not properly inspected or maintained.
Even if all the witnesses appeared at the hearing, other important objections can be raised including the lack of competent and substantial evidence as to one of the required issues in the case. If you win the hearing, then your administrative suspension will be invalidated (vacated or set aside). Having the suspension invalidated means the administrative suspension is removed from your driving record and it is as if it never happened.