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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27131
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in Florida, USA, I received a DUI, test give blew

Customer Question

I live in Florida, USA, I received a DUI, test give blew 0.00 no illegal drugs just prescriptions but could not afford to take to trial and settled with conviction this was over 5 years ago which is what my license was revoked for unless I had applied for hardship which I did not do as I work out of my home, my lawyer advised that if I waited I would not have to do several of the requirements after time past such as having an interceptor device to blow into to test for alcohol, now that I waited and called DMV to find out exactly what I need to do to have my license reinstated they informed me that I must have the device installed for one year as it is part of the DMV requirements, I used to be a paralegal and know they have a DMV administrative office my question is since there was no alcohol involved in seems ridiculous to have an offender have this installed an pay all this money, is there something I can do with DMV admin to contest this action or the court even though this is old and ever other requirement long completed, had no idea just going on obviously wrong advice of the attorney I had and was not a public defender. Thank you in advance for your information and I wish you Happy Holidays if appropriate!!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Yes, you can appeal rulings of the DMV. Even though you have paralegal experience, it is still best to do so with a lawyer

Customer: replied 1 year ago.
I realize that you appeal ruling of the DMV perhaps I wasn't clear on what I was questioning. My question was is there a time limit like a statue of limitation that I can appeal since it has been over 5 years ago, such as in a case with the court system where you either give up your right to appeal or have to appeal a decision within a certain period of time. Please advise, Thank you
Expert:  Zoey_ JD replied 1 year ago.

The statute in your state says only this about appealing a matter relating to suspension of a driver's license:

(###) ###-####emsp;Suspension of license; right to review.

". . . (13) A person may appeal any decision of the department sustaining a suspension of his or her driver license by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31. "

322.31 says that the rules of appellate procedure are to be followed in appeals relating to drivers licenses. That would give you 30 days from the order to file the appeal under rule 9.110.

You would appear to be out of luck unless you can get a hearing at this time on this particular issue from the DMV and then appeal the order.