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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110391
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hope this message finds you in great health and spirits....

Customer Question

Hope this message finds you in great health and spirits....
I've consulted with several FLORIDA attornies and the contentious is the same...
But first, a little background.
I was adjudicated as habitual offender in VA after 1 DUI and 2 driving on suspended.
(well over 20 years ago)
Left Florida after residing in the Sarasota area for well over 10 years to get my driving privileges reinstated in VA... which I did.
(stayed in VA for over 2 years getting this cleared up)
After my VA license was fully reinstated I, immediately, moved back to the Sarasota area. (March, 2015)
I established a place of residence.... transferred my Cadillac's title, tag and registration to my FL residence, relocated voting rights, and immediately found gainful employment.
I neglected to change my vehicle operators registration to Florida.
On December 27,2015 I was pulled over for a blown tail light, in a borrowed van... subsequent investigation showed cause to investigate for potential DUI... which I failed.... .108 BAC
FLORIDA seized my license....but I needed identification...mostly to cash my weekly pay check.
The Florida DMV informed me enacting a Florida Identification Card, effectively meant I had surrendered my license to Florida... which means I had severed all ties with Virginia
Since then, I have complied with ALL of Florida requirements to qualify for a restricted license....
This includes completing "DUI School", aftercare with licensed clinical psychiatrist... victim impact,...
Currently working on completing probation, community service and financial requirements
Could be legal to drive today.
Except... Virginia has revoked my license...telling me I have to attend VASAP and pay fines... while I have less than no intention of EVER returning to VA.
One requirement FLORIDA has imposed is to have my vehicle "booted" for 1 week.... have contacted more than a few of the registered agencies that provide that "service".... and the answer is the same... no insurance, no boot...
However, no license equals no insurance....
Effectively, Virginia is mandating I violate my Florida probation
My FLORIDA attorney's have suggested I contact a VIRGINIA attorney to file a motion to have my residency retroactively amended to the date my vehicle registration was changed to Florida
I CAN provide documentation of my move....full compliance to the sanctions FLORIDA has imposed on me...(acting as a legal RESIDENT) and have less than no intention of ever coming back to VA.... judge can excommunicate me from VA... I don't care.
Just need to get this settled as soon as possible.
DO feel free to call....(###) ###-####
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the fact is you tried to surrender your VA license AFTER you were charged with the latest DUI in FL. The fact is, you neglected to change your license over when you got your registration done and as such you had a valid VA license at the time of the new DUI arrest and that means the VA has the rights over you because that was the license the DUI went under. The FL ID card is NOT a license and regardless what the FL DMV verbally told you, the obtaining of a FL ID card does not allow circumvention of out of state penalties when the DUI occurred under the license of another state.
So, you are going to have to comply with the VA requirements for them to agree to release any hold on your license to allow you to get a FL license OR you have to file an appeal to VA DMV to prove the change of address to FL and ask for them to either waive the requirements based on your compliance with the FL requirements OR to allow you to perform those requirements in FL to get a release of your VA license. Unless you do that, I am afraid that your argument of obtaining the FL ID after the DUI is not going to relieve you of liability under the VA license.
Customer: replied 2 months ago.
Sounds like this may be something I should do myself?
However, I would like to consult with you on proper verbiage when filing the appeal with the VA DMV
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You will have to appear in VA to attend an appeal hearing and I would not suggest appealing it in VA without an attorney, but that choice is your choice.