Legal Question in Criminal Law in Florida
warrants
I was charged with a DUI in the state of Florida over 7 years ago. I left the state before my court hearing because of family emergency. I have never gone back to Florida and I now want to get a new york state drivers licence. I know I had an active warrant in Florida. I would like to know if it will still show up if I apply for licence in new york because it has been over 7 years. Is there a statute of when this will come off my record. I do not have the means to go back to Florida to take care of it.
3 Answers from Attorneys
Re: warrants
Yes, there would still be a warrant out for your arrest in Florida. In Florida, DUIs do not come off your record until 75 have passed. I cannot tell you, either way, if it will affect your ability to obtain a NY driver's license.
Re: warrants
Hello:
I just read your question and wanted to provide another response and offer any help in North Fla. if you need it. Basically, the State of Fla. would have a capias for your arrest due to the failure to appear on the DUI. I don't mean to unnecessarily scare you, but it could show up on another state's computers if you were pulled over for a traffic stop or some other ID check. It could show up when applying for a DL up there. You might be wise to try to get it resolved in whatever county the case is pending. You could get lucky in that evidence could be stale or the officer/witnesses are not locatable and the State may reduce the case to a reckless driving or have to drop the case outright.
I just handled a matter for a guy in New York that had a capias from a Duval Cty case from '98. It was a probation case where there was a capias for his arrest and he was having trouble getting hired up there. I called the Judge, had the capias recalled, the case put on the calendar and just resolved it by paying some court costs. My client did not have to be there. Anyway, if we can be of any assistance in No. Fla. give us a call. Good luck. Tom Rosenblum.
Re: warrants
there is NO STATUTE OF LIMITATIONS on warrantsm they're considered continuing violations and as such this does not apply - it will continue to remain on your record permanently, but may be handled by other agencies other than probation depending on the circumstances...
You should contact a Fl. attorney and try and get this taken care of without appearing in court, this may be possilble depending on the procedures of that particular court... good luck
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