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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was arrested DUI in fl. I had a drink with my son prior to

Customer Question

I was arrested for a DUI in fl. I had a drink with my son prior to bed. I took my pain medication which I have been on for over 15 years. I stated I had a drink when the officer said he smelt alcohol coming from my car not thinking of the passed out passenger whom I went to retreive. I also had my medications with me. I was new to the area and drive through what I thought was a police crime scene. It was a dui desingated spot. I was under the limit for alcohol. Went to jail, fought for 2 years the dui charge...finally they had no witness to the urinalysis and asked me to go to a 12 hour class and it would only be wreckless driving. I was only going 3 mph anyway in residential section. I took the class. My license never got suspended until after I did the 12 hour class. Now, I had to do a BDI class, now they are requesting a form 77096 and I do drug classes. However, I have a pain pump inside my body and no one wants to allow me to take the class in their program due to my pump. Fl Safety Council suspended my license. Suggestions?
JA: Thanks. Can you give me any more details about your issue?
Customer: In 2014, ilI was a passenger in a vehicle. The driver lost control of her car in the rain. Her airbag deployed. Mine did not. I was taken to the trauma unit for 6 days. My dog was injured. She and the boyfriend falsified police report and now insurance fraud with her insurance company. I am tired of being in trouble for things I am innocent on. I got the charges, tickets, court fines, and more health priblems including my service dog. Suggestions?
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Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
The only way to get around this is filing an appeal through the FL DMV and get an administrative hearing to ask for a waiver of these additional requirements. You would need to have your doctor testify regarding your ability to drive safely under the medications and you also would need the rejection letters from the programs showing that it is impossible to comply with what they are demanding. You would need a local attorney to pursue the appeal, but that is the only way to try to get out of this mess. Unfortunately, if DMV refuses, then your next step is proceeding to court and filing to vacate your conviction and get the court to to waive the order, which is the next step your attorney would take in the process.