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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I had a drivers license issued from the state of florida. I

Customer Question

I had a drivers license issued from the state of florida. I moved to Virginia and got 4 dui's. one on 1/83, one on 10/90, one on 2/91 and the last on 3/91. I served all of my time, paid all of my fines, attended and completed all the schools and was re-issued a license in 2004. When my last license expired in dec of 2012. I went to renew and was told the state of florida had suspended my driving privledges for life. and the state of virginia will not issue a new drivers license because of that even though I meet all of the requirements for Virginia. what do I have to do to get my driving privledges back. I have no attachment wht-so -ever to the state of florida and haven't since 1984.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. However, I am a bit confused as to why Virginia would have even checked with Florida on the suspension. Can you tell me when you changed your driver license from a Florida license to a Virginia license?
Customer: replied 1 year ago.


There is a new drivers license database that shares info between the states. When the state of Virginia gets ready to issue a license they check this data base. The state of FLa has my driving license privledges revoked permantely yet I meet all of va requirements

Expert:  Marsha411JD replied 1 year ago.
Hello again, I know about the database, but Virginia would not have checked it had you not had a Florida DL. That was what I was getting at. But in any event, I still need the answer to my question. When did you change from having a Florida DL to a Virginia DL?
Customer: replied 1 year ago.

I cant remember when my Florida D/L expired but on November 13 2003. I went to court and petitioned for re-instatement of my driving privledges after I complied with the state of VA requirements for getting my license back. My driving privledges were restored at that time.

Expert:  Marsha411JD replied 1 year ago.
Thank you for that information. However, before dealing with Florida to have the lifetime ban lifted you will need to find out or try to remember when you no longer were a Florida DL driver. That is key to whether or not Florida even had the authority to issue the revocation. They would not be able to do so unless you had a Florida DL. If you did have a Florida DL when they issued the revocation, then you are going to need to apply for reinstatement. You would be eligible since it has apparently been 10 years since your last conviction. However, the reinstatement is not without its restrictions. Even when there is a reinstatement a driver would have to have an Ignition Interlock installed for at least five years, be restricted to employment driving only for at least one year, be supervised by a DUI program which requires reporting at least 4 times per year. The fact that the State of Virginia will allow someone with 4 DUI's to drive again would have no direct effect on the State of Florida if you were licensed in Florida.

On the other hand, if you switched your DL over to Virginia before you received the multiple DUI convictions, then you should be able to show them that you were not licensed in Florida during that period and get them to correct their records. If they refuse, then you will need to have an attorney file a petition for reinstatement of your DL with the courts based on lack of jurisdiction. This is not going to be an easy process, but the first thing you should do is to call, or better yet, write to the Florida Department of Highway Safety and Motor Vehicles and supply them with all of your documentation and request that they correct the database records. Then again, if they refuse, you will need to hire a Florida traffic attorney to assist you in filing your petition.

You can find contact information for the State by going to: http://www.flhsmv.gov/

Please let me know if you need any clarification. I would be glad to attempt to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 1st. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit (paid from the deposit you left with the Site) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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