Hi, this past Saturday I got a notice of suspension of my drivers licence for 6 months for being under 21
B.a.c of .147 and .135 I don't know what to do I need to drive on a daily basis to work and my 10 day yellow pass runs out on Tuesday what do I do? And this happened in Orlando while I live in Jupiter and do have the time to drive to Orlando to take care of this. I work full time 9.30-5.30
The driver license suspension is because you were arrested for a DUI. You can challenge the determination with the Department of Highway Safety and Motor Vehicles. By requesting an administrative hearing with the DHSMV you will get an extension for the hardship license. If you prevail at the administrative hearing then your license will no longer be suspended. However, if you do not win then you can still get a hardship license but you will have to have a 30 day hard suspension first. Unfortunately there are no exceptions to the hard suspension unless you win at the administrative hearing. By the very least, the extra time can give you the opportunity to make arrangements for the 30 days in which your license is suspended with no exceptions. This is separate from the criminal case; even if the criminal charges are dropped then you would still have the administrative suspension.
I highly recommend you hire a lawyer to handle both the criminal case and the administrative hearing. Please feel free to contact my office for a consultation.
This is not to be considered legal advice nor does an attorney-client relationship exist.
You should go to the DMV and request a formal review hearing prior to the expiration of your 10 day driving permit - this will enable you to drive for an additional 42 days and have the opportunity to challenge the suspension. Hire an attorney to do this for you. If you fail to set up the DMV hearing, your license will be suspended immediately after the expiration of the 10 day permit and you will not be eligible for a hardship for at least 30 days.
Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied... more
Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.
It is hard to tell, based on your question, whether you got a DUI or an underage citation. However, if your license was only suspended for 6 months, it was probably a DUI. If by Tuesday you mean 3/12, you still have time to apply for an administrative hearing. You can do this yourself. Call 407-445-5581 (DMV) and they will tell you what to do. It is hard to get through, so be patient. Doing so will help you get an extension of your license so you can go to work and have more time to consult with an attorney.
Here is the deal. The State of Florida dosen't care if you work 3 jobs, 21 hrs a day, 7 days a week, have a wife and 2 kids and parents who depend on you to get them to dialysis, if you have been drunk and driving, they want you off the street. If you don't take the time to consult with and hire an attorney, you are not going to have a license. If you drive without a license, even across the street, and get caught, you will be in jail and it doesn't matter about your job anymore. You can hire an attorney where you live, or do the smart thing and hire one who regularly handles cases in Orlando. In many ways you are fortunate that you were stopped in Orange or Osceola County, because you have more potential options to resolve the DUI than elsewhere. Many attorneys will work with you on an appointment. I am willing to see you after hours or on a weekend, if you have intentions of hiring an attorney. You can call me at 407-846-8008. But, if you don't get an attorney, you may lose your license for between 6-12 months total. It's not the end of the world, but it does require action by you and it will cost you some time and money.
Contact an attorney in Orlando. In most cases they can waive your appearance so you don't ahve to keep driving back and forth. In addition, if time allows, an attorney can contest the aministrative driver's license suspension. There are legal strategies that apply to these hearings and it is not advisable to do it without an attorney in order to maximize your chances. Furthermore an attorney can challenge the breath test results if there are any issues surrounding the breath test machine. Best of luck!
Having a valid license is important as it is difficult to get around without one. I recommend contacting a local DUI Defense Attorney so they can go over your specific facts and possible defenses to the suspension.