Legal Question in Traffic Law in Florida

Hi..just in inquiry...my son had gotten a speeding ticket January of 2012. He had to complete and online class, which he did (and submitted it). A few weeks after the class was taken, he was stopped for a tag light issue. The officer told him that his license was suspended for not taking the class. We took proof to the court house, and to the dmv and had his license re-instated. He had to show up in court..in the mean time, we told the clerk at the court house that my son is living at home, because they had his previous address (which we corrected with dmv as well) and she notated it. His hearing was sent to his previous address, and by the time we received it, he missed his court hearing. He went in, and rescheduled and told them to please change the address on file to reflect where he is living now. The next court hearing was sent to his previous address again, thus missing his court date again. Now there was a warrant out for his arrest. He went in, paid bond, and they took a mug shot. A couple weeks later, he was stopped by the police (again for a tag light), and was told his license was suspended. He then went to the court house, and apparently there was a clerical error. The clerk printed off a paper, my son went to the dmv and got his license reinstated, again. He finally made it to the hearing. The judge dismissed it all, because he had satisfied the court that he had taken the online class in time. A week later, he was stopped by the police, because of that tag light...again..(it kept coming loose for some reason), and was told that his license was...yup..suspended. After paying for all of his suspensions, he finally received a letter from dmv stating that his license will be revoked for 5 years because he was a habitual driver. We hired an attorney, and went to the judge (who was upset) and it was dismissed. He still has his license. The irony of all of this, is this.....every time my son applies for a job, the mug shot comes up on a background search. He is currently studying criminal law at rasmussen, and was just called today from the administrator that his mug shot popped up during the background check, and he will be terminated from school. My son did everything he was suppose to do...I made sure of it (other than getting his ticket 2 years ago), and yet the system has literally screwed him over. I would appreciate any feed back you can give me. Thanks


Asked on 1/21/14, 4:41 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Unfortunately, this is a very common problem. However, there is no law at this point in Florida preventing companies like mugshot.com to use his photo. About the only thing that can be done is to contact each company using his photo and request that it be removed. Also, unfortunately, many will charge a fee, but at least on this front, there is TALK of doing something about that. Just do what you can with each individual company posting it. The court has no authority over these companies which is why you will have to do this individually.

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Answered on 1/22/14, 6:46 am


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