Alcohol & Drugs: DUI, DWI Lost license for six years with one DUI

[leakle90]

My boyfriend moved to West Virginia from Florida two years ago, when he was twenty-two years old. He got a DUI in his first months here, which was also his only DUI. The DUI resulted in a suspension of his license for six years! He recieved a letter in the mail saying that his license was being suspended for six years because he had not signed up or gone to the DUI classes. He had no knowledge of the DUI classes because he had never received any mail telling him that he had to take the classes. He only had minor things on his background in Florida before this, such as riding a motorcycle without a helmet. Can he get his license back?

 

[Antigone]

My boyfriend moved to West Virginia from Florida two years ago, when he was twenty-two years old. He got a DUI in his first months here, which was also his only DUI. The DUI resulted in a suspension of his license for six years! He recieved a letter in the mail saying that his license was being suspended for six years because he had not signed up or gone to the DUI classes. He had no knowledge of the DUI classes because he had never received any mail telling him that he had to take the classes. He only had minor things on his background in Florida before this, such as riding a motorcycle without a helmet. Can he get his license back?

Why isn't he asking the department of motor vehicles this question?

 

[jharris352]

Was your boyfriend absent from court too? The Judge would have lined him up and told him exactly what he had to do. Don't let him pretend like he didn't know what was going on. Tell him to go take the classes, present them to the judge and get a recommendation to give him back his license.

 

[mightymoose]

Agreed- he didn't need to get mail telling him to take the classes. He was told this in court. He has no argument to make, however an appeal to the DMV may be successful... probably with him paying yet another fee and then completing the classes... and then still waiting out the reduced term of the suspension.
He has no excuse.

 

[raskalnikov]

I have a hard time believing this. A license Suspension normally will just give you back your license with time. Normally, this is within a year.

It sounds to me like your boyfriend, somehow, got a license REVOCATION. . .

 

[army judge]

Ask him to let you see his court and sentence documents.
If he doesn't have them, ask him to write a letter to the court requesting them.
His responses should tell you everything you need to know.


First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.
http://www.flhsmv.gov/ddl/duilaws.html
First Florida DUI Offense:
Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.

Jail: Not more than 6 months. Not more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle.

Florida DUI Fines/Costs: Not less than $250 nor more than $500. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.

Florida License Suspension: 180 days to 1 year.

Violation of Zero Tolerance Law: 1st offense: 6-month license suspension; 2nd offense: 1-year license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship reinstatement can occur.

Florida Conditional License: Yes. Must complete DUI school first.

Vehicle Impound: 10 days unless the family of the defendant has no other transportation.

Florida DUI School: 1st conviction: Must complete DUI school (12 hours) before any hardship reinstatement. If reinstated after revocation period expires, failure to complete DUI school within 90 days after reinstatement will result in license cancellation.

Florida Probation: 1 year maximum.

Florida Community Service: Mandatory 50 hours or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.


http://criminal-law.freeadvice.com/drunk_driving/florida-dui.htm