Q: When a person gets a dui and pays for their crime by jail time and classes has proof of incident in VA moves to Fl does Fl dmv have the right to do double jeopardy and make that person do classes in Fl even though incident did not happen in Fl. Have to pay reinstatement fee in Fl. The incident happened 13 yrs ago in VA. Mind you when moved back to Fl in 2012 went to dmv to get fl license and hand in VA clear license they gave this person a license then 3 months later revoked it... now in this perdicament. now what does that person do?
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Answered . Double Jeopardy is a legal concept that applies to criminal prosecution.
Although it is a State agency DMV is not a Court, it is not subject to the rules of evidence and it is required to afford only minimal level of due process / constitutional protections to the public.
Thanks to MADD, DUI has effectively been branded "public enemy #1". Every State engages in reciprocity and, in FL anyhow (I can't speak to all the rest on this particular issue) DUI is a lifetime crime (it never goes away - well, after 75 years it can - and it is not subject t being sealed or expunged).
If you want to get a FL / DL (whether 1st time or to reinstate an old one) then you will have to comply with the terms and conditions as set by DMV and governed by the Administrative Code. These include a requirement that if you had a DUI anywhere at anytime then FL will need you to prove (yes, you will have to affirmatively prove) that you have complied with "ALL" court conditions in the State that prosecuted you, including but not limited to having completed a DUI class which is at least as extensive as the one which is required in FL.
You have no right to drive in FL (or anywhere); rather, driving is a privilege, and if your privilege has been revoked by another State then Fl will honor that revocation. Although it is a State agency DMV is not a Court, it is not subject to the rules of evidence and it is required to afford only minimal level of due process / constitutional protections to the public.
Thanks to MADD, DUI has effectively been branded "public enemy #1". Every State engages in reciprocity and, in FL anyhow (I can't speak to all the rest on this particular issue) DUI is a lifetime crime (it never goes away - well, after 75 years it can - and it is not subject t being sealed or expunged).
If you want to get a FL / DL (whether 1st time or to reinstate an old one) then you will have to comply with the terms and conditions as set by DMV and governed by the Administrative Code. These include a requirement that if you had a DUI anywhere at anytime then FL will need you to prove (yes, you will have to affirmatively prove) that you have complied with "ALL" court conditions in the State that prosecuted you, including but not limited to having completed a DUI class which is at least as extensive as the one which is required in FL.
Regardless, if you do not do what FL-DMV says, when it says it, how it says it, to the "T" and without explanation or excuse then you will not be licensed in FL. It is truly that simple.
Dealing with DMV can be likened to being in a rip current. Go with it and your survival chances increase exponentially; fight it and prepare to die / drown.
That said, your best bet is to call the good folks at DMV in Tallahassee (850-617-2000). FL-DMV will give you all the information that you need to then contact NC-DMV.
If you can figure it out on your own with NC and reinstate then great; but if not then you will need to hire a NC lawyer to straighten it out. Either way, once NC clears you then they will communicate that to FL and you should be good to go.
Just remember, with either and both DMV's, if you follow the rule of the 3 "p"'s (be patient, pleasant and polite) you will be surprised at just how knowledgeable and helpful they can be.
If you choose to listen to me (and heed my advise) then I know that I will have been helpful to you.
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
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