Legal Question in DUI Law in Florida

I am disabled and have tried to help my son.

I think the State in their 1st time offenders B.S. does hurt any person accused. The state has created a money making pit for preferred companies, Starting from the Probation dept. to the schools or classes to a locking or breathing devise? The state and their hand picked friends are making a boat load of money...

If we had been smart I would tell everyone never submit to a breathalyzer. It can be rigged but the state losses a lot of power by not proving your level. And this is a FACT. NEVER BLOW. Also I would have told my son to use a court appointed lawyer and fight rather than pled out as we were pushed to.

Now my son pleaded no-contest on a 1st time DUI, He was like .17 nothing else.

(The cop lied 3 times and her story kept changing. I found this out when I could read what she put to the judge, I asked for this report many times and was told their was NONE)

He was fined big time ( $1500 plus) and 1 year probation But after 6 months we were able to pay his way out? , had to do several schools More money, Because of the insurance costs he could not afford insurance, The state told us that if he waited 3 years the state could not hold this dui against him. Now it's been 3 years 6 months plus, and Florida now says that he must have a lock devise for 6 months at his cost? Now this devise is listed as a must if you have killed a person or unborn child ( Man slaughter) and you had a .15 or higher test on a conviction of 2 or more not 1st timers? Now he has not drank since this and has waited more than 3 years 6 months plus on his own Because the state told us they could only go back to 3 years. Also section 316.1937 subsection (D) states that the devise should be paid from his fine if he is without funds?

In Florida it Is very hard to get a study job without a Drivers license. Just look at the ads. 99.9 percent say must have a drivers lic. to be hired.

Their should be a statue of limitation on this because this goes hand in hand on the 3 year limit on the states ability to hold an drivers license offense past 3 years? Point in being all other lic. offenses are with held after 3 years of the offense.

Please advise?

R. Jones

[email protected]


Asked on 3/23/15, 11:33 am

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

I can't agree with you more about the "moneymaking" aspect of these cases. However, it appears that you did very well with this in getting it done early despite the hardship. While I can commend you for that, the law is the law. There is no statute of limitations on driver's license issues. The DMV does what they want to do and literally make their own rules. Driving is a privilege not a right as they say and unfortunately you have to follow their rules. My only advice is to follow their rules and bug them as far as getting a license sooner. The interlock is mandatory even if one doesn't own a car. As an example, I had a client that only had a motorcycle and the DMV forced him to buy a car just so that he could comply with the 6 month interlock. It is very harsh but I'm afraid I don't have a better answer other than to follow their rules and once that's done it's done.

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Answered on 3/25/15, 7:04 am


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