Thursday, October 8, 2015

Can you Avoid a DUI Driver License Suspension if you Move to Another State Fast Enough? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    MY EX A DUI IN FL AND RAN TO ARIZONA.  HE DID THIS WITHIN 10 DAYS OF HIS ARREST, BEFORE HIS FL-DL WAS SUSPENDED.  IS THAT LEGAL?  HE TOOK OUR 4 YR OLD SON FOR AZ BECAUSE I HAD TO HAVE SURGERY.  HE NEVER DID ANYTHING ABOUT HIS FL DUI AND IS NOW DRIVING IN AZ WITH MY SON WITH A DUI SUSPENSION.  I AM WORRIED TO DEATH.  HE STILL DRINKS AND HE HAS NOT BEEN IN MY SON'S LIFE AT ALL EXCEPT FOR A FEW VISITS WHEN HE WAS LIVING IN FL.  NOW HE IS DRIVING AROUND IN AZ WITH MY SON UNDER FALSE PRETENSES AND I BELIEVE HE IS ALSO DRINKING. IF IT WAS LEGAL TO GET A DUI IN ONE STATE AND RUN OFF TO ANOTHER REAL QUICK BEFORE THE 10 DAYS IS UP AND HIS LICENSE IS SUSPENDED THEN WOULDN'T THAT BE LIKE TELLING THE WORLD THAT IT DOESN'T MATTER IF YOU GT A DUI AS LONG AS YOU GET INTO ANOTHER STATE BEFORE TIME RUNS UP AND U CAN'T DRIVE. I REALLY NEED THE CASE LAW ON THIS AND WHERE TO CONTACT. TY FOR UR TIME...



A:     Chosen as "Best Answer" by Asker on www.AVVO.com

Licensed in FL



4

Lawyers agree

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Best Answer
chosen by asker
Answered .   "Ran?  I'm not sure what the means. Unless he was directly ordered as a condition of his bond to remain in FL then he didn't "run", he simply "went".

Upon his DUI arrest his FL-DL was suspended, but the DUI citation itself serves as a "de facto" DL for a period of 10 days, after which it is formally suspended. So for that 10 day period he can drive (in FL anyhow). The consequence of not responsibly dealing with his DL after that 10 day period has expire is a mandatory and automatic revocation (the length of time depends upon the circumstances of the DUI) - and if that happened (which it sounds like it did), then he wont be getting his FL-DL  back any time soon.

More significantly, however, is the fact that, again depending upon where his DUI occurred, within 21 - 30 days after his arrest he would have had to appear in court, and if he didn't then he would have gotten a bench warrant for his arrest issued (it also sounds like that happened).  If he has an arrest warrant then he could be picked up on that warrant out of state, although he will not necessarily be picked up, and then, even if he is, he would have to be extradited, which may or may not happen.

The bottom lines here are A) that you cannot simply leave FL within 10 days of a DUI arrest and get a "do-over" - it does not work like that and B), respectfully, I think you are both incorrectly focused and are asking the wrong question of the wrong lawyers (i.e. I do not think this is a DUI question; rather I think this is a family law question).

Your concern about the effectiveness of DUI laws is secondary (or should be) to your worry over getting your son back into your custody, thus making this a family law question.  While a biological parent who is not under a court order restricting their parental rights to custody or visitation cannot be charged with kidnapping her/his child by unilateral relocation, there are very rigid laws in FL about the unilateral relocation of children more than 50 miles from their residence even within the State, much less out of State or clear across the country, but you will need a family lawyer to help you to deal with that process.

Accordingly I will re-tag your question and place it in the family law, as opposed to the DUI, practice area, and in that way I will hope that I will have been helpful to you.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 





When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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1 comment:

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December 18, 2015 at 2:58 AM

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