How can I get one of my charges dismissed or vacated in the state of FL? I wrote to two FL. governors who directed me to the DMV. A Florida State Representative did the same. After writing and tallking with the FL. DMV many times, I was told by the DMV that my best bet would be to write the presiding judges asking for them to vacate or dismiss a charge. Per my sentancing I was supposed to be able to recieve a hardship licence in one year. When I went to apply I was told that the law in FL. changed one month before I was to be eligable for a hardship licence and my licence was revoked for life. I was also told there was no grandfathering regarding this law. I have one DWI and three DUI's occuring within twenty years.
I have written to the judges to no avail. Is their any hope for me? I am an active member of AA and know quite a few people who have had more DUI's and stiffer sentances that have gotten thier licenses back, including felony DUI's. All of mine were misdomeanors. Any help in this matter would be appreciated.
Generally, the laws in effect at the time of re-instatement will govern the issuance of a hardship license.
I would need to know where and when your convictions took place, the sentence imposed, and review a copy of your Florida Driver's Record.
There may be a new law coming to allow hardship reinstatement for liftime revocations. Stay Tuned.
Generally for administrative purposes the language of the statute at the time of the infraction controls. Having said that if DHSMV is not being helpful, even folloing a hardship hearing, your only recourse maybe be attempting to withdraw your plea. Consider though if you are succesful the ramifications of that could worse than the lifetime suspension.
Unfortunately, I have had that same issue before. I appealed it once and was unsuccessful. There was a window during which you could have applied for a hardship even with a permanent suspension. It does not matter that you were not notified or even aware that the law was changing. That is one of the issues I appealed on. Unless they change the law, I do not know of any remedy at this time. I believe that you may be able to get a license in Colorado if you move there. Kind of a drastic remedy, but I have had clients who moved for that reason.
Your situation is somewhat common. The only viable option is to attempt to vacate one or more of the prior convictions to permit reinstatement of your driving privileges. This is a difficult and risky process. A complete investigation must be conducted to first determine if any legal grounds exist to vacate any of the prior convictions. If it appears there may be a basis, then a motion must be filed with the trial court. The trial court will then determine if you are entitled to a hearing on the motion. If so, the trial court will rule on your motion after the hearing.
Even if you succeed in vacating the conviction, then the case can be prosecuted again and any earlier plea agreements are typically rescinded. This could result in more serious sanctions being imposed if you are convicted again.
I am surprised that your third and fourth DUI convictions were misdemeanors. You got lucky. In Florida, third and subsequent DUIs are charged as felonies and it is the prosecutor's responsibility to find out whether there were prior convictions. The prosecutors are directed to count prior DUI convictions from "anywhere in the world." For practical reasons, they can only research DUI convictions from within the United States.
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