Legal Question in DUI Law in Florida

Florida DUI, but live in New York State

I live in New York State and was stopped for a DUI and for an Florida expired driver's license. I had a Florida license which expired, but I had my current New York State license. Furthermore, I was told that you cannot have 2 licenses at the same time; Example Florida & New York. Must I attend court in Florida or can I resolve everything before I go back home to New York State. It is my first offense.


Asked on 8/10/08, 12:13 pm

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

Re: Florida DUI, but live in New York State

If you received your DUI in Florida, you will most likely need to resolve that case in Florida. Sometimes a court will allow a misdemeanor Defendant to enter a plea in absentia (PIA), which is done when someone is out of town/state, but it is very rare, in my experience, on a DUI case.

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Answered on 8/10/08, 12:17 pm
Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: Florida DUI, but live in New York State

Like Mr. Slavin says, it is possible to have a lawyer in Florida handle a plea without a defendant being present. Depending on what county you were arrested in, some courts are more willing than other to do this. For what it is worth, I worked as a prosecutor in Orange and Osceola counties, and we did pleas like this to DUI's fairly frequently. However, I am not sure how Judges in Miami Dade, assuming that is were the offense occurred, would handle it.

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Answered on 8/10/08, 12:41 pm


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