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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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My husband had legal issues in FL in 96/97 (fail to appear

Customer Question

My husband had legal issues in FL in 96/97 (fail to appear on DUI and driving on susp). He left the state and moved to WI where we met and married. In '01 we paid the many fines to florida and he took a DUI class in WI. His license in FL was cleared, reinstated and he was able to receive his license in WI. We moved to FL in 2006, bought a house etc. While going through the application process for a new position recently he found out that he had 2 warrants for his arrest. He scheduled court and they tell him that none of the fines have been paid (where did our money go?). The one Judge was surprised that he did have a license. I have researched this for him and found that they show a ticket from 91 that wasn't paid either and 1 that his mom paid in '05. Weird thing is is that his complete license record shows neither of these tickets on there. We can not find the receipts from payment and clerks office had different bday for him. I've looked in court files etc. Where else do I look?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JD replied 5 years ago.
Did he pay by check?
Customer: replied 5 years ago.
Yes, we did pay by check, but the bank is giving us some problems due to the time lapse and I do not have the bank records from that time period (2001). I did call WI DMV and was told that his license was reinstated in Dec. 2001 so, I assume that FL would have released his suspension some time around then.
Expert:  JD replied 5 years ago.

It sounds to me like you are doing everything you can to find this payment. Your bank should (with a little encouragement in person) be able to find the archive of the check(s) that would enable you to show proof of payment. While doing this you could petition the court to forgive the fines. When you appear before the judge(s) you can begin to explain this process and all the things you've gone through to prove these fines were paid. I imagine after all this time the judge(s) would give you some relief.

 

At the same time, I imagine your best bet is your bank. Keep trying to get them to look in the archives for those cancelled checks. Also keep in touch with the clerk of the court(s) and politely ask them for guidance on how to straighten this identity issue out. His fines were probably entered under his name and birthday (since his license did get reinstated) but there must be multiple entries for him (which happens from time to time).

 

Feel free to reply as I'll be happy to help you brainstorm for more ideas!

 

Good luck.

 

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