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In 1989 I got a DUI in Fla. in which I refused a breathalyzer

test. I now live in...
In 1989 I got a DUI in Fla. in which I refused a breathalyzer test. I now live in Ohio and was given a drivers license back in 2000. I had to give it up in 2009 because of a medical condition that has since cleared up. I've been cleared by my doctor to drive again so I inquired about getting my license back. Now Florida is saying that I need to have DUI classes to get my license back. I've been sober and drug free for 18 years now and I believe that I am getting shafted. What do you think I should do ?
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Answered in 1 hour by:
6/9/2013
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified
I am a Florida criminal defense attorney, I've handled hundreds of DUI cases and I believe I can provide assistance here. Before proceeding, I need a bit more information. According to the fact pattern, you got the Ohio license very soon after the Florida arrest. Was the Florida case resolved when you got the Ohio license? Or was it still pending? Thank you.
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Customer reply replied 4 years ago

I really don't know. It must've still been on the books because of what they said. I know convicted felons that got off easier than what I'm going through. This is bullshit since it happened 24 years ago. If it wasn't resolved than how did I get a license in Ohio?

With you not recalling how/when it was resolved, I'm left to speculate quite a bit. As to that....

.

My guess here is that either the Florida DUI was not resolved prior to obtaining the Ohio license or Florida had not yet reported the conviction and requirement of a class to the national database when you obtained the Ohio license. Either way, the net effect would be that Ohio was unaware of the issue when it gave you a license. Candidly, and unfortunately, this sort of thing happens fairly regularly.

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Once Florida puts a DUI conviction on your record, it stays there for seventy-five years. Meaning, the conviction will outlive you and I both and you will need to take the DUI class. My thought would be to contact the Ohio department of motor vehicles to find out what class they require for DUI conviction. Then, with that information, contact the Florida department of motor vehicles to ensure that it meets their requirements.

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While I agree with you that the passage of 24 years would seem to make this rather silly, the law looks at it differently. From the perspective of the law, a person should not be able to avoid paying fines and costs and forgo required classes simply by waiting a certain period of time. Instead, the law requires that these things eventually get completed. My apologies but the botXXXXX XXXXXne here is that you will need to satisfy the Florida requirement before getting a new license.

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There's always a risk in taking on a question when you suspect that the answer will not be what the customer wants to hear. While I'm sure my answer was not what you wanted, that doesn't make it any less correct. I would respectfully XXXXX XXXXX you rate my service on the quality of the service, not whether you liked the answer. Further, and as I stated in the initial answer, I welcome the request for follow-up or clarification. So, rather than rating my service as "poor", please simply let me know if there is anything else you need. Thank you.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Customer reply replied 4 years ago


75 years, I don't think they had dui's that long ago...take care. I'm getting my union atty. on this one...

To be clear, I didn't say that a DUI's were around "that long ago", I said that they stay on your record for seventy-five years. So, for example, if a person got convicted of a DUI in Florida in 2000, it wouldn't drop off of his record until 2075.

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Point being, and relevant to your question, the offense doesn't somehow go away and you will need to complete the DUI class before getting a new license. On the plus side, the Florida DUI class is only twelve hours long, I would expect the Ohio class to be similar.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Customer reply replied 4 years ago

I took an online dui class and they didn't accept it. It was 12 hours, so now what do you have?

Florida's chapter 316 (the DUI statute) states that a convicted person must take the Florida DUI class or a "substantially similar" class in the jurisdiction in which they reside. So, as I stated in the initial answer, it is imperative that you contact the Florida department of highway safety first, before taking any class. As the class is not the Florida class (i.e., the approved class), it needs to be approved before taking it. So, you will need to:

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1. Contact the Ohio department to see what course they use

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2. Contact the Florida department to confirm that this is an approved course

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3. Complete the course

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4. Send proof of completion to the Florida department

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5. Get a new license

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Customer reply replied 4 years ago


I'll take my chances with my U.A.W. atty.

I would certainly encourage you to check with the U.A.W. attorney on this matter. However, my expectation is that there will be little he can do for you. I say this as it is my understanding that their legal plan is severely limited in terms of representation in criminal matters, which, of course, is what this is. As such, my guess is that they will be unable to provide much assistance.

.

It seems clear to me that you are dissatisfied with my efforts. As before, this seems more a reflection of the actual answer as opposed to my efforts on your behalf. As such, I would again request the courtesy of positive feedback so that I may be compensated for my efforts. If you are still disinclined to do so, then I would ask that you check into the matter further and then, if my information proves out to be accurate, you provide positive feedback at that time. Thank you.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified
Joseph and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago


It's all taken care of. I didn't have to do a thing but talk to the right person. So you don't know what you're talking about. I'll be getting my license back this Friday after I take the test. Take care I'm finished with you people...Steven M.Vancs

Congratulations and best of luck to you. No need to respond.
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Joseph
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
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Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor

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