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Blog · November 6, 2014

DUI / Driving Under the Influence / MADD / DMV / Driver License / Suspension / Revocation / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     When a person gets a dui and pays for their crime by jail time and classes has proof of incident in VA moves to Fl does Fl dmv have the right to do double jeopardy and make that person do classes in Fl even though incident did not happen in Fl. Have to pay reinstatement fee in Fl. The incident happened 13 yrs ago in va. 

mind you when moved back to Fl in 2012 went to dmv to get fl license and hand in VA clear license they gave this person a license then 3 months later revoked it… now in this perdicament. now what does that person do?
A:     

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/when-a-person-gets-a-dui-and-pays-for-their-crime–1321284.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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9 lawyers agreed with this answer

Anthony Michael Solis
Anthony Michael Solis
Criminal Defense Attorney – Los Angeles, CA
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
John Joseph Joyce III
John Joseph Joyce III
Criminal Defense Attorney – Lake City, FL
Daniel Nelson Deasy
Daniel Nelson Deasy
Criminal Defense Attorney – Centennial, CO
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
Jasen Bodie Nielsen
Jasen Bodie Nielsen
DUI / DWI Attorney – Santa Barbara, CA
Megan Blancho
Megan Blancho
DUI / DWI Attorney – Fort Walton Beach, FL

” href=”http://www.avvo.com/legal-answers/when-a-person-gets-a-dui-and-pays-for-their-crime–1321284.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>9

Lawyers agree
Answered . Double Jeopardy is a legal concept that applies to criminal prosecution.

Although it is a State agency DMV is not a Court, it is not subject to the rules of evidence and it is required to afford only minimal level of due process / constitutional protections to the public.

Thanks to MADD, DUI has effectively been branded “public enemy #1”. Every State engages in reciprocity and, in FL anyhow (I can’t speak to all the rest on this particular issue) DUI is a lifetime crime (it never goes away – well, after 75 years it can – and it is not subject t being sealed or expunged).

If you want to get a FL / DL (whether 1st time or to reinstate an old one) then you will have to comply with the terms and conditions as set by DMV and governed by the Administrative Code. These include a requirement that if you had a DUI anywhere at anytime then FL will need you to prove (yes, you will have to affirmatively prove) that you have complied with “ALL” court conditions in the State that prosecuted you, including but not limited to having completed a DUI class which is at least as extensive as the one which is required in FL.

If you ant more information go to the following website:http://www.dmvflorida.org/ – and if you cannot find answers then call them. Be polite and patient and they will be helpful (be short and terse and you will get nowhere).

Either way best of luck!


When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com

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