Legal Question in Traffic Law in Florida

Use of New York License in Florida

My son's Florida license was suspended for HTO in 1997. He moved to New York and was issued a valid NY license in 1999. The Florida five year suspension expired. When he returned to Florida after nine years, he was stopped for a non-moving violation. He was arrested for driving on a suspended Florida license although it was acknowledged that he has a VALID New York license.

How could he be arrested for ''driving on a suspended license'', when he had a valid New York license? His only ''outstanding'' fine in Florida turned out to be $16!

Please provide any helpful information and possible course of actions to resolve this matter. Thank you.


Asked on 11/26/05, 12:49 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Use of New York License in Florida

Unfortunately, the suspension of his driving privileges in Florida was never lifted. He needed to pay the 'reinstatement' fee to DMV. This is a headache, but it is likely to be dismissed.

You must communicate with the DA and ask him to agree to a 'violation' or a dismissal.

It is possible that the DA will take the position that the 1999 NY license was a ruse or deception designed to circumvent the Florida sanction. This would be a problem.

Find out which DA is assigned to the case and then write to the DA and then ask for a meeting. If all goes well, great. If not, get a lawyer. Look to spend 1500 on legal fees. It seems silly, but your son's license could be suspended for the entire US.

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Answered on 11/27/05, 3:56 pm
James Woodruff The Woodruff Law Firm, P.L.

Re: Use of New York License in Florida

I would hire a traffic attorney in the county in which the arrest occurred.

I would need more information to give you a better answer. You can contact me if you need additional assistance.

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Answered on 11/26/05, 7:09 pm
Joseph Dobkin The Law Offices of Joseph M. Dobkin

Re: Use of New York License in Florida

Yes, unfortunately-he can. The suspension and habitual label have to be dealt with. It is a misdemeanor. Please adsvise as to all pending charges.

Joseph M. Dobkin

www.Dobkincriminallawcenter.com

www.Dobkinlaw.com

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Answered on 11/26/05, 9:37 pm


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