LAW OFFICE OF
KEVIN J. WARMBRANDT
LAW OFFICE OF
KEVIN J. WARMBRANDT
DRIVING UNDER THE INFLUENCE (DUI)
DRIVING UNDER THE INFLUENCE (DUI)
YOU ARE ARRESTED FOR DUI, WHAT HAPPENS TO YOUR DRIVER’S LICENSE AND WHAT SHOULD YOU DO?
YOU ARE ARRESTED FOR DUI, WHAT HAPPENS TO YOUR DRIVER’S LICENSE AND WHAT SHOULD YOU DO?
Regardless of your innocence or guilt, if you were placed under arrest and submitted to a breath test with results of 0.08% or above breath alcohol level or refused to submit to one, your drivers license is automatically suspended by the State of Florida, Department of Highway Safety and Motor Vehicles(DMV).
The DUI citation you should receive will only act as a ten(10) day temporary permit. The suspension is separate and apart from your criminal charge of DUI and occurs regardless of your DUI case outcome.
YOU MUST ACT IMMEDIATELY!
YOU MUST ACT IMMEDIATELY!
There are two(2) options an arrested driver can pursue regarding reinstatement of his or license and each must be done ten(calendar) days (including weekends) following the arrest. Failure to do so will result in forfeiting your right to either challenge the suspension or to request a hardship during the suspension You can;
1. File a petition with the Department of Highway Safety and Motor Vehicles(DMV) to request they review the suspension and set it aside. If not filed on time you forfeit your ability to challenge the suspension and be able to drive legally.If the request is not made or a request for a hardship, you will not be eligible receive a permit(if no suspensions on your record) for either 30 days if you submitted to a breath test with results of 0.08% or above and 90 days, if you refused a breath/blood or urine test.
Additionally, if you refused to submit, and a prior refusal to submit is on your driving record, the second or subsequent refusal will result in a 18 month suspension and no permit can be issued during that entire 18 month suspension. You should be cautioned that during any period you drive without any permit and if stopped by a police officer, you will be charged and arrested for Driving with a Suspended License on DUI suspension. This may result in a jail sentence and longer revocation of your license.
2. If eligible to do so, the DMV offers a waiver of eligibility to request a hardship for the entire suspension period(18 month suspension for subsequent refusal excluded). This means you are waiving your right to challenge the suspension staying on your record and any issued hardship will apply until the suspension period expires.
Contact us immediately if you were arrested for DUI, so that we can help you decide the best course of action, and help you keep your driving privileges. When it comes to this type of administrative suspension time is of the essence.
DEFENDING A DUI
DEFENDING A DUI
For most people, a DUI can be the most damaging and expensive violation of the law they face. The stigma alone can alter careers and lives let alone substantially increasing insurance costs. Understanding that you should consult an experienced DUI attorney regarding what can be done to defend your case.
How the police detect a DUI and what can be done
Driving Pattern-this is the first part of any investigation for DUI ,and thus the first area to be explored to see if any defenses exist relating to what the officer observed. If the observations did not give the officer probable cause or a reasonable suspicion to allow him to stop your vehicle, the state’s case can be derailed. Review of any issued citation or the officer’s arrest affidavit may immediately raise issues to look at. You should consult with an experienced DUI attorney to see if any defenses could apply.
Personal observations by the officer-Ordinarily after the vehicle is stopped , and officer comes in contact with the driver and may make certain observations of the driver. These include an odor of alcoholic beverage on the breath, blood shot and/or watery eyes, slurred speech, unbalance walking or gait, fumbling through wallet/ purse to obtain license and registration,etc.These are subjective observations because the officer does not know for sure if there are other reasons for these and there could be. You should consult with an experienced DUI attorney to discuss any observations and what defenses may apply in your case.
Field Sobriety Exercises- The officer will often request that a driver do field sobriety exercises because the officer wants to see if the driver is impaired and should not drive. These exercises are a police tool to determine that your “normal faculties are impaired, By the subjective grading of these exercises the officer determines you are impaired .By asking you to perform them he already suspects you are impaired and even if you perform well the officer is not going to do you any favors. You should keep this in mind before agreeing to perform these exercises.
There are a wide range of exercises that are at the officer’s disposal,but the following are the “standardized tests” that have been considered for study in determining if a driver is impaired.
What is the officer looking for?
The Walk and Turn- you are instructed to stand with one foot in front of the other while the officer gives you instructions. After that there are many points which the officer can score against you.
Balance- if you lift your arms with your feet together more than 6 inches from your side is one clue scored against you. Does not matter when it occurs during exercise
Heel to toe-It’s ok to leave ½ inch space but not more and it’s 9 steps forward and 9 steps back, so there is plenty of chances not to perform it in the officer’s view.
Turning Around- Since most drivers have never been arrested and asked to perform this exercises , the officer’s instructions may not be clear, and therefore the driver cannot be expected to do it correctly. Any deviation is counted against you.
One Leg Stand- The driver is required to stand on one leg with his or her foot raised 6 inches off the ground while counting for 30 seconds. This doesn’t require you actually count to 30 but only to hold your foot up for 30 seconds. An officer can easily believe the driver either didn’t count or didn’t keep his or her foot up for 30 seconds
What is the officer looking for?
Swaying- there is no criteria so not standing still will count against you.
Using Arms for Balance-This means to the officer that you are losing your balance and raising your arms. Meaning two clues for the officer to determine that you are impaired.
Hopping-To the officer this means that you are impaired, however you may not have the physical ability to stand on one leg and even if you do start hopping without anything else this might show dexterity.
Puts Foot Down-Putting your foot which is 6 inches off the ground down any time prior to 30 seconds will be a mark against you, although you are able to maintain that position for 30 seconds.
Horizontal Gaze Nystagmus- This is better known as “the follow the pen test”. You will asked to follow a pen or other similar object that the officer holds in front of your face. The point of this to the officer is to show the officer when your eyes start to uncontrollably shake, and this is called nystagmus. Studies have been done showing a correlation between early onset of nystagmus and blood alcohol level. The admissibility of this test is questionable at best and subject to being exluded if not performed by a specially trained officer. Nevertheless, the officer is still going to use it as part of establishing his or her probable cause to arrest a driver for DUI.
BREATH AND BLOOD TESTING ISSUES
BREATH AND BLOOD TESTING ISSUES
Below are some issues involving a breath and blood testing following the arrest of the driver:
BREATH ALCOHOL LEVEL/TIME OF DRIVING
By law, the state must prove your breath alcohol content at the time you were driving or in actual physical control of a motor vehicle was .08%
or above. The fact that you were stopped sometime after consuming alcohol, arrested, and submitted to a breath test hours later does not prove you guilty. Your breath test results have to take into account how much you weigh, your metabolism, the food and drink you consumed, how much you drank, and start and end time of alcohol consumption. As a result it will be necessary for the prosecution to “extrapolate” or estimate what your breath alcohol level was at the time you were actually driving or in actual physical control of a motor vehicle. At our firm, from the beginning we will obtain all the relevant information to assist us and help you in your defense.
NON-COMPLIANCE WITH STATE RULES
The Florida Department of Law Enforcement,(“FDLE”), is the agency Responsible for enacting rules that must be followed regarding the
administration of any breath,blood or urine test. If any rule has not been complied with, an experienced lawyer who who handles DUI cases should be able, if applicable to file a motion to exclude the results of any of the above tests due to non-compliance with the rules.
IMPLIED CONSENT WARNING
When you received your drivers license and signed your name, you may have noticed the following language in small print at the bottom; “Operation
of a motor vehicle constitutes consent to any sobriety test required by law”. Implied consent warnings are supposed to be read to a person after his or her arrest for DUI ,and prior to the officer’s request that the driver submit to a breath,.blood or urine test. Most drivers are requested to submit to a breath test. The implied consent warnings will advise a driver who does not agree to submit that he or she will lose their license for a period of one(1) year or 18 months if there is a prior refusal suspension, and that the refusal to submit can be used against him or her in court. The driver, then has to be asked if he or she understands and if so, does the driver still refuse. Any deviation from this by the requesting officer may lead to the effort to exclude results of the breath test.
SUPPRESSION OF BLOOD RESULTS
By law and under the United States Constitution, the police are prohibited from having a blood sample taken for testing without your consent for a DUI investigation unless there is a death or serious bodily injury and reasonable cause to believe that you were under the influence of alcohol to the extent your normal faculties were impaired. If probable cause cannot be shown, the blood test results are inadmissible.
In many cases, if the driver is taken to the hospital, the arresting officer will delay an arrest or submitting to the state to determine whether a DUI charge should be filed. Sometimes, the officer may make an immediate arrest and have the driver remotely booked in. If the state decides to file, they have to serve the driver with a direct filed information and issued summons to appear in court. An experienced attorney can determine if you
were legally served.
Any samples are not tested immediately, will be taken to a forensic lab for testing. The results will take some time and unless your blood was taken with your free and voluntary consent, the officers will need a warrant. Most blood draw cases involve no warrants and consent and probable cause issues are usually contested.
SUBSEQUENT REFUSAL TO SUBMIT TO A BREATH TEST
IS NOW A CRIME
SUBSEQUENT REFUSAL TO SUBMIT TO A BREATH TEST
IS NOW A CRIME
In Florida , a driver can be charged with a crime if he or she is accused of refusing to submit to a breath test for a second time. This is a first degree misdemeanor punishable up to one(1) year. You can be found guilty of this offense if your driving record can accurately reflect that you were previously suspended for refusing to submit to a breath test regardless of the length of time between refusals. Also, the outcome of your previous DUI case is not a factor. Therefore, if you were suspended for one(1) year for refusal to submit before and your criminal DUI case was dismissed,
that dismissal cannot be used as a defense. As a result, not only will you have a 18 month suspension for refusal to submit but the additional charge of subsequent refusal to submit. Under these circumstances, you should contact an experienced attorney who can review your record, and help you defend against this offense.
IGNITION INTERLOCK DEVICES
IGNITION INTERLOCK DEVICES
An ignition interlock device is a device placed inside a vehicle which requires a driver to breathe into a tube before the vehicle will start. Ordinarily, the device is programmed so that if it detects a breath alcohol content of .02% or above, the vehicle’s ignition will not start. The device in first DUI offenses has been made a condition of probation, and if a driver is convicted of a second or third DUI and wants to be issued a business purposes or employment purposes license, DMV will require the driver to have an ignition interlock device installed at his or her own expense before granting the hardship license The time period the device is placed and remain will depend on whether it is a first offense or if there were prior convictions.
ACTUAL PHYSICAL CONTROL
ACTUAL PHYSICAL CONTROL
The state must prove, that if you weren’t observed driving, that you were in actual physical control of a motor vehicle. In Florida, you can be found
guilty of DUI if you were either observed driving or in actual physical control. Often drivers at some point, even without driving the vehicle any distance , can either be asleep in a parked vehicle or found behind the wheel. However, in these situations, the fact the driver was behind the wheel
can be found to be innocent conduct wherein the officer has no cause to even request the driver exit. Additionally, the officer can be found to have no probable cause to open the door and in effect seize the driver. Any challenges that can be raised will depend on each individual case but having an experienced attorney on your side will help see if those challenges can be made.
Lastly, issues as to whether a driver was in actual physical control can be raised in accident cases. Because the driver may not be inside
a motor vehicle and there are multiple drivers, the investigating officers may not enough evidence to show who was behind the
wheel.
FELONY DUI OFFENSES
FELONY DUI OFFENSES
Any felony charge will require the special attention and dedication of a defense attorney who has experience with and knows the particular
defense strategies for these types of cases, even if necessary how to present mitigation factors that will result in a felony charge being reduced
or avoiding substantial jail or state prison time. Where there are multiple offenses involved attention should be given to any prior offenses and to whether they can be used. Furthermore, it is necessary to consider expert advice and testimony to discredit the state’s evidence.
MULTIPLE DUI OFFENSES
MULTIPLE DUI OFFENSES
-A driver can be convicted of a third degree felony if he or she has had three DUI convictions within a ten year period. Also regardless of how much time has elapsed between offenses a 4th DUI charge can be charged as a felony. Should one of these situations apply to you, you should immediately contact an experienced and dedicated attorney for representation.
DUI WITH SERIOUS BODILY INJURY
DUI WITH SERIOUS BODILY INJURY
-This is a serious felony offense in that the injury is to another person and involves permanent disfigurement or be a condition that creates a substantial risk of death, serious personal disfigurement or protracted loss or impairment of the function of any bodily part or organ. If you are charged or are being investigated as to the charge of DUI with a serious bodily injury, contact an experienced DUI attorney before speaking to anyone else.
DUI MANSLAUGHTER
DUI MANSLAUGHTER
This is a serious offense that carries several years in prison according to the sentencing guidelines, and will be charged if a driver was impaired and this caused the death of another person. It is essential to contact an experienced attorney who has handled this type of case immediately in order to properly and immediately investigate the case.
TRAFFIC DEFENSE
TRAFFIC TICKETS
TRAFFIC DEFENSE
TRAFFIC TICKETS
BEFORE YOU PAY THAT TRAFFIC TICKET, CONTACT US BY PHONE AT 305-895-5588
OR MOBILE LINE 954-854-1728 OR SEND US AN EMAIL WITH THE CITATION
Sometimes,paying a traffic ticket may seem very convenient, especially in the age of the Internet and othe easy payment methods. However, a simple payment could lead to serious consequences such as:
•3 to 4 points assessed on your driving record
•Equivalent of plea of guilty and in accident cases an admission of fault
•Higher insurance rates(even in traffic school elections)
•Too many points leading to a suspension for up to one year
Even if you don’t pay the ticket and opt to go to court on your own, consider the inconvenience of court appearances. You will need to take time off from work,school or other appointments. You may decide to resolve a case prior to trial due to the inconvenience of returning to court, without affording yourself the opportunity to have the case dismissed. Our firm has handled thousands of traffic infractions, saving our clients the time and inconvenience of attending court. We are familiar with the issues and defenses to be raised in order to gain a dismissal of your case.Look no further for an experienced attorney to handle you case such as a car accident ticket, speeding, red light camera, non-moving infractions involving your license, registration, insurance or equipment violation , disobeying a traffic control device, careless driving and the countless infractions under Florida law. Don't count on being lucky if the officer doesn't appear in court. Even if he/she told you the officer will appear. Once again contact us before paying that ticket.
Commercial Drivers
One of the options of a typical driver, in most cases, is to elect traffic school to avoid receiving points on their record. However any driver who holds a commercial license such as a A,B or C class cannot elect traffic school after 2005.If you have a ticket and hold a CDL license you should contact an experienced attorney who can help you keep points off your record , avoid disqualification as a CDL driver, and let you
maintain your livelihood.
DRIVER LICENSE OFFENSES
DRIVER LICENSE OFFENSES
Driving with a suspended, revoked, expired or no valid drivers licenses are criminal traffic cases and can lead to further suspensions and jail. In Florida, three (3) convictions for driving with a suspended license, as well as other offenses, will result to a five(5) year revocation of your license as a habitual traffic offender. It will be necessary to wait one(1) year until eligible to apply for reinstatement on a restricted basis for the remainder
of the suspension period. Kevin J. Warmbrandt has handled all types of license offenses, defending his client’s driving record and preserving their driving privileges. Also, an experienced attorney can defend his or her clients without the necessity of their appearance in court. We review our client’s driving printout,see the reasons for suspension or revocation, and every attempt is made to assist our clients obtain reinstatement of their driving privileges regardless of the charge(s) they face.
DRIVING WITH A SUSPENDED LICENSE (DWLS)
There are two(2) types of DWLS, with knowledge and without knowledge. If you are charged with a DWLS with knowledge, it is a criminal
traffic offense. If you are charged with DLWS “without knowledge”, it is a civil traffic infraction.
DWLS with knowledge- Since this offense is criminal, you cannot pay the ticket or elect traffic school as an option, and it must be resolved in court. Florida Statute 322.34(2) provides, a person commits a misdemeanor of the second degree, if convicted of DWLS, knowingly, for the first time. The second time is a first degree misdemeanor. Furthermore, even if the court states it will withhold adjudication, your driving record will still be affected. The Department of Highway Safety and Motor Vehicles(DMV) will count the disposition as a conviction for purposes of classifying a driver as an habitual traffic offender.
DWLS without knowledge- Under Florida Statute 322.34(1), a driver is guilty of moving violation for driving with a suspended license without knowledge. This is a payable ticket, which means you have the option of conveniently paying online or by phone. If a driver does so, he or she will be adjudicated guilty, and have three(3) points assessed on his or her license.
Many times, a driver does not have knowledge of a suspension in that the driver did not receive a notice of suspension from DMV. The notice has to be sent to the last known address and they don’t send it certified, return receipt with confirmation. Also, the type of suspension in effect may
be one the driver is not expected to have knowledge of.
Lastly, if necessary, there are cases where the state can be persuaded to have the charge of DWLS amended without you suffering serious consequences to your driving record.
Let an experienced attorney guide you through the steps needed to obtain reinstatement and avoid any further consequences to your driving privileges.
DRIVING WITHOUT A VALID DRIVERS LICENSE
In Florida, as in all other states, driving is considered a privilege, and not a right. Florida Statute 322.03 states that a person may not operate
a motor vehicle on state roadways unless he or she has a valid, unexpired license. This is a serious enough offense that carries fines, and jail time plus enhanced penalties for repeat offenders. Often, drivers who have recently moved to Florida from other states or foreign countries, will believe their out of state or foreign licenses are sufficient. That may be true for a short period of time, but if the driver is considered a “resident” of Florida, he or she is required to obtain a Florida driver’s license.
Who is exempted- Under Florida Statute 322.04, the following persons are exempt from the general requirements of having a Florida drivers license,
-Federal employees driving commercial government vehicles on official business,
-Driving road or farm vehicles for a temporary time on the highway,
-Non-residents holding valid licenses from their home state or country,
-Golf cart drivers,
-Out of state workers employed on government contracts passing through the state on temporary duty and have a valid license from
another state.
Should you be charged with driving without a valid drivers license you should contact an experienced attorney who can determine if you are exempted, and guide you through the process of obtaining a valid license in Florida.
HABITUAL TRAFFIC OFFENDER(“HTO”)
An Habitual Traffic Offender is defined as someone who has on his or her driving record a sufficient number of convictions within a five(5)
year period or has accumulated 45 points within a five(5) year period. As a result DMV will give notice that the person’s license will be revoked
for a five(5) year period.
Recently, more cases where a person is charged with unlawfully driving while classified as an Habitual Traffic Offender have been filed as
misdemeanors rather than third degree felonies, however due to its seriousness among traffic offenses, that person will, in most cases , be facing jail time.
Defending HTO cases- In defending these cases, it is necessary to determine how the driver first came to be classified as an HTO. Reviewing the driving record printout and determining if any prior convictions can be vacated, resulting in HTO deletion , will assist the driver in obtaining reinstatement, and be helpful in resolving his or her case without a conviction and jail time. At times, with an experienced attorney assisting a driver, the state may even drop the charges. Furthermore, defenses such as whether the person was driving can be explored, as well as the basis for any traffic stop.
If you receive a letter from DMV advising that you will be classified as an HTO, you should act immediately and contact an experienced attorney who can help you seek the necessary relief that may avoid you from being classified as an HTO, and help you possibly avoiding further conviction and jail time.
VIOLATION OF DRIVER’S LICENSE RESTRICTION
In Florida, it is unlawful and a second degree misdemeanor to operate a vehicle that is in violation and inconsistent with a restriction imposed on the drivers license, including a “business purpose only” license. Since it is a criminal offense penalties may include jail, and revocation of the hardship or restricted driving privileges.
Pursuant to Florida Statute 322.16, DMV is permitted to impose different restrictions on a license. In cases involving “Business Purposes Only” and “Employment Purposes Only, the drivers have demonstrated a hardship necessitating the need to drive for all necessary tasks or to and from work although their licenses have been suspended or revoked.
Defending Violations of Restriction
Due to the broad definitions involved defenses showing a lack of proof can be raised . If the driver is silent as to why he or she was driving or can offer a valid explanation and proof that he or she was driving for a valid purpose pursuant to the restriction , these will be solid defenses. Should the driver admit that he was driving for a purpose not permitted in the restriction, that admission without any other proof should result in an acquittal, and may even be excluded.
CRIMINAL TRAFFIC OFFENSES
CRIMINAL TRAFFIC OFFENSES
Most traffic related offenses are non-criminal acts and usually result, in most cases, in tickets being issued that are payable or permits traffic school election. Even if a civil traffic infraction is issued not resulting in a fatality or serious bodily injury, the worst a driver faces are fines, court costs, traffic school, and if applicable, a license suspension, as well as points on his or her driving record. But, in Florida there are traffic offenses that are considered criminal acts which can result in a criminal conviction and where, the driver, by law can face incarceration, and a
license suspension/If you are charged with any criminal traffic offense, you should contact an experienced and dedicated attorney who can help you defend against these charges, and prevent a criminal conviction and jail time.
RECKLESS DRIVING
By law, reckless driving can be classified as either a first degree misdemeanor or a third degree felony depending on whether or not the reckless driving caused property damage or injuries to others. Otherwise, it is a second degree misdemeanor hybrid offense that carries up to 90 days jail.
Speeding alone is not sufficient to prove reckless driving in that reckless driving is defined as the willful and wanton disregard for other persons or property. It is essential that a variety of driving patterns need to exist to prove this offense.
LEAVING THE SCENE OF AN ACCIDENT
It is unlawful and a crime for a driver to be involved in an accident without rendering aid and/or providing his or her personal and vehicle information to the other driver and/or law enforcement. Furthermore, in a case where the driver is accused of this offense and causes injury or death, he or she can be charged with a first degree felony and face imprisonment. Among some of the defenses that can be raised relate to the existence of a crash occurring, whether anyone can identify the driver, and if the driver remained in close proximity to the crash or not.
If you have bee charged with leaving the scene of an accident or you are contacted by letter or phone by law enforcement about your vehicle being involved in a crash and leaving the scene, you should contact an attorney who has handled these types of case before you make any statements or provide any information that can be used against you. Depending on the investigation and circumstances of the case, contact with an experienced attorney may permit you to avoid a criminal charge.
RACING ON A HIGHWAY
Racing on a highway or “street racing” is a serious criminal traffic offense in Florida, is a first degree misdemeanor, and carries more severe penalties than most other criminal traffic offenses. According to Florida Statute 316.191, a conviction will result regardless of whether adjudication is withheld, and a “race” and “drag race are clearly defined. However, drivers can be unjustly charged due to these definitions, and should consider hiring an experienced attorney who can help them avoid a conviction and the more severe penalties that apply. These penalties are more severe because street racing is considered extremely dangerous and put other persons and property in danger. These penalties include jail time up to one(1) year, automatic suspension of license for one(1) year, up to $3000.00 in fines, and possible vehicle impoundment. A second time offender faces a two(2) year suspension, enhanced fines, and permanent seizure of the vehicle, and a third conviction will result in a four(4) year suspension, up to $5000.00 in fines and jail time.
Spectators- Not only is it illegal to participate as a driver in a drag race, but in Florida, it is also illegal to stand as a spectator and watch a street race. Although it is not a criminal traffic offense, it is a moving violation, and if paid or convicted carries three(3) points on your license and fines up to $500.00. Since the police officer must prove that you were there specifically to watch the race and just not that you happened to be at the wrong place at the wrong time, you should contact an experienced attorney to hold the officer’s feet to the fire and prove his case.
FLEEING AND ELUDING
At one time, fleeing and eluding a police officer was considered a misdemeanor offense unless other aggravating circumstances existed. However, its now a felony offense. At anytime, a police officer is attempting to stop a driver or is in pursuit of that vehicle, that driver is required to stop at the
first available safe location or where the officer directs the driver. If not, the law now makes it a more serious crime. As a felony offense, a conviction can result in heavier fines, probation and jail or prison time and can further result regardless of the reason the officer was trying to stop you at first.
REINSTATING YOUR DRIVERS LICENSE
REINSTATING YOUR DRIVERS LICENSE
A drivers license can be suspended in Florida for a variety of reasons, some more serious and time consuming to obtain reinstatement. However, each type of suspension should be handled in its own way, and with the required guidance and plan, your driving privileges can be restored.
Checking the record- The first step is to learn why a drivers license is suspended and what steps will need to be taken. An online check of the license should reveal the type of suspension and if it is court related will have court information to research why there is an open suspension. However, obtaining the official traffic print out generated from the Department of Highway Safety and Motor Vehicles (DHSMV) may reveal a more clear picture of the grounds for suspension.
Types of suspensions:
Failure to pay tickets or attend school- This may be the most common reason a license is suspended. If that is the case, the driver should contact an experienced attorney who may be able to have the case set for court, clear any suspension and obtain reinstatement if the license is suspended. Even paying tickets may cause problems such as accumulation of points and points suspension, as well as insurance and employment related consequences. Be careful and contact an experienced attorney who handles traffic defense before paying that ticket.
Financial Responsibility Suspensions
Owning a vehicle and not having the required insurance will cause DHSMV to suspend your license until you show them proof of insurance. If you obtain the insurance after the suspension goes into effect there will be a reinstatement fee of $150.00, the first time. If you sold the car, then you will need to show them proof of sale and turn in the tag. DHSMV even has a forms link to help you with the sale of the vehicle.
Accident related suspensions.
Liens on the license- drivers can also have their license suspended if involved in a traffic accident and the driver was cited for causing the crash without proof of insurance. If effective insurance at the time of the crash is not shown to DHSMV, the license will be suspended until a bond is posted or the other driver consents to reinstatement based on payment arrangements that have been made. Other drivers may ultimately obtain a court judgment that will either need to be satisfied or an agreement made for repayment and consent that is filed with DHSMV. If there would be grounds to vacate this judgment you should immediately contact an experienced attorney who can help you re-open the case, and attempt to vacate the judgment causing your license to be suspended.
Child Support-If a driver is in arrears in child support payments the Department of Revenue has the authority to have that person’s license suspended until the payments are not in arrears or payment arrangements are made with the Department of Revenue.
Mandatory suspensions- A Florida drivers license can be suspended if the driver is found guilty and convicted of certain offenses regardless of the court imposed sentence. Some examples are convictions for DUI, Possession of a Controlled Substance(vehicle not necessary), Racing on a Highway, Fleeing and Eluding and infractions that cause either serious bodily injury or death. If you are facing any of these situations, or any other involving a mandatory suspension then you should immediately contact an experienced attorney to assist you in first trying to avoid the suspension or helping you take the steps to obtain reinstatement.