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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?
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.
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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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.