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How can the state of Florida suspend my license for a DUI i got in Ohio if I have satisfied the courts in Ohio?
Anonymous6 views6 answers
I got a DUI in Ohio October 1997. Came back to Florida before my trial and my license was subsequently suspended. In 2000 I flew up to Ohio and paid a fine and a reinstatement fee, then returned to Florida. In 2011 I get a call from Barberton Municipal Courts saying I had a bench warrant. I told them I took care of the DUI in 2000 and they said I only took care of the state of Ohio and not the city of Barberton. I fly back up to Ohio in Jan. 2015 go before the Judge and plead guilty. He has me do a three day program and suspends my license but retro-acted the suspension back to 1997 . I come back to Florida get my license back. Done right? No. Got a letter today from Florida saying my license is suspended for 6 months. How can they do this for something that did not happen here? Thanks,
This is unfortunate, you are a victim of the system and the way the law is set up.
Even though the event happened in 1997 and you already got banged over the head twice, once by the state of Ohio and then by the city, you are getting knocked on the head a third time now by the state of Florida! This is because in Florida, a revocation for DUI starts from the date the case is closed or from the date the conviction reported to them.
They don't pay attention to orders from judges with respect to suspension dates and they do not backdate or non-pro tunc suspensions. The revocation for a DUI conviction in your case will run from January 2015.
Fortunately for you, since you are a Florida resident with a Florida driver license and this is a first DUI conviction revocation, you can apply for a hardship drivers license at the bureau of administrative reviews.
The bureau of administrative reviews is a division of the department of Highway safety and motor vehicles and there is one in almost every county. You must first complete (not enroll, but complete) your DUI school. Then appear with your paperwork at the Bureau of administrative reviews and ask for a hardship hearing for a first DUI revocation.
Advice:
In the future, think twice before trading in your out-of-state license for a Florida license if you still have ties to your home state and you can be affected by a conviction for DUI or excessive points. Florida subscribes to the interstate drivers license compact. Once you transfer your home state license to Florida, your record comes with it, and Florida may decide to punish you all over again for something you were already punished for. They don't even think it is punishment, they believe they are just denying or delaying you a privilege! Go figure.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Florida is part of an interstate compact called the Driver License Agreement which requires member states to recognize suspensions and revocation of driver's licenses in sister states. However, while Florida may recognize the suspension of your driving privileges in Ohio, it does not necessarily apply the suspension the same way. Example, no retroactive suspensions.
Judges around the state (FL) got into hot water for back-dating suspensions to resolve cases faster. That's no longer done in Florida. You will have to ride out the suspension, but you might be eligible for a business purposes only permit to get you around. It will cover more than work, so check with the Bureau of Administrative reviews offices near you. There's one in Jacksonville and another in Daytona Beach. Below is the link for their locations.
Good Luck.
The state of Florida will pick up suspensions from other states. However, the penalties may not be applied the same state to state. Florida does not have retroacive suspensions
Each state has control over the licenses issued to its drivers. They can take away your driving privileges for something you did elsewhere to protect the citizens of your state.
