My husband just completed a 20 month sentence in Florida for a violation of probation and recently found out that the judge, at sentencing, suspended his license until August 2010. However, DMV claims that he can get his license once he completes a few conditions, i.e. 12 hour driving class, etc. He has completed the terms necessary according to DMV, but now his probation officer is telling him that since the judge ruled his license is suspended until August, if he gets his license he would have violated his probation and will be returned to prison. My question is, who has precedence over my husband getting his license? Can a judge's ruling supercede DMV policy? And if he does get clearence from DMV to get his license, could he be in violation of his probation?
Thanks-
1 Answer from Attorneys
The judge's sentence takes precedence over DMV. Your husband would be in violation of probation if he gets his license. However, most of the time, judges are just issuing sentences which they think match what Florida law already states. The judge may have just made a mistake on the suspension timeframe. You may want to speak to a lawyer about asking the judge to revise the sentence.
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