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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6779
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My friend had a terrible accident 27 years ago two people

Customer Question

My friend had a terrible accident 27 years ago two people were fatally injured. He went to trial even though his blood alcohol level was way below the legal limit they charged him for man slaughter. They offered him a plea bargain but his lawyer advised him not to take it because it wasn't his fault. The people he hit were stoned on drugs and alcohol and had just stolen a motorcycle that they were walking in the road in torrential rain and anyone could have hit them. The judge himself said this. The judge ordered Dmv to issue a conditional license but over rode the judge and would not issue license. My friend has paid the state of Florida 3 times for a hearing with the promise he would get his license returned. They denied him and did not refund the money even with a letter from a judge ordering them to return license. It's been 27 years and my friend has not had any alcohol since the night of accident. He's 63 years old and is a type 1 diabetic caused by toxic exposure at Kennedy space station. He is just asking for a second chance 27 years later and they promise him that, take his money, have him jump through hoops then deny him overriding judges orders 10 character references and everything humanly possible that they order him to do. He lives his life in remorse about those lost lives and has never stopped thinking about them one day in 27 years. He needs help but if a judge can't even get anyplace with them then who can? Who can he go to for help? He's hired lawyers and has tried everything. I know there has to be a solution. Thank you
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

What was the exact verdict of the trial? Not guilty?

Has he actually had three additional hearing on this issue? If so, what concept of law were these hearings based on?

Customer: replied 2 months ago.
He was found 1 percent guilty whatever that means. He got 11 years probation which was lifted in 4 years. His hearings were held at the DMV once with a judges order to return license. He has been to 3 hearings, paid $1400.00 for each hearing.
Expert:  Dwayne B. replied 2 months ago.

I've never heard of a 1% guilty in a criminal case, and I've done them all over the county. The result is either "guilty" or "not guilty". There are percentages in a civil case, but not criminal so I'm going to have to opt out on this one, there is something going on that I don't understand.

Customer: replied 2 months ago.
He has kept a lot of his paperwork but don't know what it is I haven't seen it. He is living in New York now and doesn't even want to ever drive in Florida again he would like a NY State license but they have him red flagged.
The accident wasn't entirely his fault and since the two that were at fault too were deceased he took all blame
Expert:  Irwin Law replied 2 months ago.

Good morning. Another expert here since Dwayne B. opted out. I also feel that there is something going on that you, are not aware of, and that applies to me or any other online source of information that you might go to. For whatever it's worth, Dwayne is correct that there is no such thing as 1% guilty in a criminal case. Also, you don't get 11 years probation for a not guilty finding. Clearly, he was found guilty of whatever the charge was. But that was 27 years ago, and in recent years Florida court has ordered his license reinstated. That should have been enough. The remedy when one disobeys a direct court order is to cite them for contempt of court. That would require the head of the Florida DMV to appear before the judge and explain why the DMV was still refusing to issue your friend's license. So the fact that the DMV has held hearings on the matter doesn't make sense. Reinstating a drivers license is not rocket science. Your friend has had lawyers who should have known how to get it done. This is as far as I can go with the information that you presented to us.

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Customer: replied 2 months ago.
As far as 1 percent goes I don't get it but he was found guilty I think that's what we have to go with as far as contempt of court I agree. Florida has strange ways and I want to sit in on one of these hearings myself. Except that they charge $1400.00 each hearing and then blow him off. My friend is as honest as the day is long and he has explained the situation to me at least 20 times. How can he get another hearing with a judge? I think that's where he needs to start
Expert:  Irwin Law replied 2 months ago.

He Really needs a lawyer to go back to the court that issued the order to the BMV in the first place. He has to petition the court to order the BMV to show cause why they should not be held in contempt for failing to follow the court order. You don't hold hearings to determine whether or not you're going to follow a judge's order. From that standpoint the BMV is clearly in the wrong. Your friend is clearly entitled to have his driving rights restored after all these years.

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