Skip to main content

How do you challenge a law that is unconstitutional?

North Fort Myers, FL |

If a law is passed by state legislators and is clearly unconstitutional, how would you change/challenge that law? The law was included in 150 pages that passed in what could be considered similar to "pork" spending.
Florida Statute 322.2615(16)
Proposed: Provides that the Department of Highway Safety and Motor
8 Vehicles shall invalidate a suspension for driving with
an unlawful blood-alcohol level imposed pursuant to s.
9 322.2615, F.S., if the suspended person is not convicted
of an underlying violation of s. 316.193, F.S.
Actual : 16) The department shall invalidate a suspension for driving with an unlawful blood-alcohol level or breath-alcohol level imposed under this section if the suspended person is found not guilty at trial of an underlying violation.

+ Read More

Attorney answers 2


This answer is not specific legal advice, nor does it establish an attorney client relationship. If you are impacted by the law you believe is unconstitutional, you would be able to file an action in circuit civil or possibly federal district court. There is also a possibility of filing a declaratory action in circuit court. However, you do not explain why you think the statute is unconstitutional- which specific provision of the state or federal constitution does it violate, so it is difficult to evaluate if you would have a case.

You would change the law by having a legislator sponsor a bill to change the law, and getting it passed by House and Senate and signed by Governor


Aside from the route of having the legislature itself change a law, you would need to be affected directly from application of the law to have standing to challenge it. Then, you would present your argument to a court and the judge would rule. There are multiple paths for appeal if that is unsuccessful.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer