Legal Question in Criminal Law in Florida

I am supposed to have a breathalyzer installed in my car and monitored every month. However I work offshore and my work schedule will not allow me to record the amount of driving time the Florida DMV wants, nor will I be able to meet the requirement to have the machine calibrated every month. It was a stipulation of probation that I had to maintain a job and now the job has turned into a career. The DMV told me I may have to quit my job if I want to drive again. What are my legal rights in this situation and is there any way to modify the requirements so that I can meet them without having to quit my job?


Asked on 4/15/12, 5:47 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You are probably going to need an attorney to file a declaratory action against the DMV. The statute does not require a minimum amount of driving time. You may have to get somebody to the monthly check for its calibration but there is nor requirement per so of time to drive. The DMV seems to think they can make up these rules. Ask where in the rules there is a minimum time requirement. Hire an attorney who may be able to expedite matters with DMV's counsel.

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Answered on 4/17/12, 12:17 pm


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