The DMV's Authority to Revoke or Suspend Your Driver's License

Driving is not a right.  It is a privilege in Florida.  As such, the DMV has a lot of authority over whether or not a person has a driver’s license.  Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses.

The most common reasons people lose their driver’s licenses include:
1.      Drug related offenses – Per section 322.055, when a person is convicted of a drug related offense, the court shall direct the DMV to revoke the driver’s license of the person for 1 year;
2.      Habitual Traffic Offender – Per section 322.264, when a person has accumulated the specified number of convictions in (1) or (2) within a 5-year period the license is suspended for 5 years:
(1)   3 or more convictions of any one or more of the following:
a.      Voluntary or involuntary manslaughter resulting from operating a vehicle;
b.      Any violation of 316.193 (DUI)
c.      Any felony in the commission of which a motor vehicle is used
d.      Driving a motor vehicle while his or her license is suspended or revoked (MOST COMMON)
e.      Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or persona injury of another OR
f.       Driving a commercial motor vehicle while his or her privilege is disqualified
(2)   15 convictions for moving traffic offenses for which points may be assessed as set forth in 322.27 including those in (1);
3.      DUI – Per section 316.193, DUI convictions result in suspensions anywhere from 6 months to permanent revocations. 

If the DMV suspends, cancels, or revokes a person’s driver’s license, the person shall be immediately notified and given the opportunity for an administrative hearing.  At such a hearing, a person may show that a suspension will cause a hardship on their business or family and it is necessary to have a license for business purposes.  Completion of driver training courses or DUI program courses may be required. 

If your license was revoked because of an HTO, you must wait at least 12 months from the date of revocation to petition for a hearing.  Also, if your license was suspended because of a DUI conviction, you must wait 180 days before you are eligible for a hearing.  If you have had two or more DUI convictions within a 5-year period, you are permitted to apply for the hardship after one year from the effective revocation date. 

Finally, if you refuse to submit to a breath test, your driver’s license will automatically be suspended for a year.  You may immediately apply for a hardship. However, a second refusal results in an 18 months suspension with no opportunity to get a hardship and a first-degree misdemeanor charge just for the refusal. 

If you have a driver’s license suspension looming, you need an attorney to help you fight to keep your license.  Call Heather Bryan Law at 863-825-5309, or contact us online.

Comments

Post a Comment

Popular posts from this blog

But the pot was not in my possession!?

I hear this all of the time.  Under Florida law , there is actual and constructive possession. Actual possession is when the illicit drugs are on your person.  In other words, the drugs are in your pocket, in your sock, or in your hand.  Actual possession is an easier case for the State to prosecute.  There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive possession is where it gets tricky.  Constructive possession means a person exercised control over a substance.  Mere proximity does not establish intentional control.  In order to prove "possession" the state must prove beyond a reasonable doubt that the defendant 1) knew of the existence of the drugs and 2) intentionally exercised control over the drugs. Let's take the following scenario.  You are the passenger in a car with a friend.  You are sitting in the front, passenger seat. Unbeknownst to you, there is a make-up bag under...
Read more

What is Resisting An Officer Without Violence?

If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him.   According to the chief, that force was necessary because the gentleman was “ actively resisting ” and his resistance was even “ violent .”   This video has caused an array of opinions whether the officers’ response was justified.   What one must question is what exactly is resisting an officer without violence?   And what exactly what must one do to get charged with this crime?   Florida Statute section 843.02 defines resisting an officer without violence as resisting, obstructing, or opposing any officer in the lawful execution of their legal duty, without offering or doing violence.   I am sure that clears things up!   Therein lies the problem.   An officer just has to say that a person is opposing him or obstructing him in so...
Read more

False Confessions

There are only 24 states that require police interrogations to be recorded from start to end, and Florida is not one of them.  Not recording the entirety of a police interrogation is a problem, especially considering that in over 25% of wrongful convictions that have been overturned by DNA evidence, the Defendant made false confessions to law enforcement during the interrogation.  Why do people make false confessions?   Most people believe that they would most certainly not confess to a crime that they did not commit.  However, studies show that under the conditions of an interrogation, false confessions are a huge problem that cannot be overlooked.  Law enforcement officers often give details to crimes leading suspects in the direction that they wish him or her to go.  For example, the officer may tell the suspect that he knows he used a shovel.  He knows he used a shovel to hit him.  And he hit him in the head.  He hit him in ...
Read more