Skip to content

Q:    MY EX A DUI IN FL AND RAN TO ARIZONA.  HE DID THIS WITHIN 10 DAYS OF HIS ARREST, BEFORE HIS FL-DL WAS SUSPENDED.  IS THAT LEGAL?  HE TOOK OUR 4 YR OLD SON FOR… Scroll down to read more!

Q:    MY EX A DUI IN FL AND RAN TO ARIZONA.  HE DID THIS WITHIN 10 DAYS OF HIS ARREST, BEFORE HIS FL-DL WAS SUSPENDED.  IS THAT LEGAL?  HE TOOK OUR 4 YR OLD SON FOR AZ BECAUSE I HAD TO HAVE SURGERY.  HE NEVER DID ANYTHING ABOUT HIS FL DUI AND IS NOW DRIVING IN AZ WITH MY SON WITH A DUI SUSPENSION.  I AM WORRIED TO DEATH.  HE STILL DRINKS AND HE HAS NOT BEEN IN MY SON’S LIFE AT ALL EXCEPT FOR A FEW VISITS WHEN HE WAS LIVING IN FL.  NOW HE IS DRIVING AROUND IN AZ WITH MY SON UNDER FALSE PRETENSES AND I BELIEVE HE IS ALSO DRINKING. IF IT WAS LEGAL TO GET A DUI IN ONE STATE AND RUN OFF TO ANOTHER REAL QUICK BEFORE THE 10 DAYS IS UP AND HIS LICENSE IS SUSPENDED THEN WOULDN’T THAT BE LIKE TELLING THE WORLD THAT IT DOESN’T MATTER IF YOU GT A DUI AS LONG AS YOU GET INTO ANOTHER STATE BEFORE TIME RUNS UP AND U CAN’T DRIVE. I REALLY NEED THE CASE LAW ON THIS AND WHERE TO CONTACT. TY FOR UR TIME…



A:     Chosen as “Best Answer” by Asker on www.AVVO.com

Answered .   “Ran?  I’m not sure what the means. Unless he was directly ordered as a condition of his bond to remain in FL then he didn’t “run”, he simply “went”.

Upon his DUI arrest his FL-DL was suspended, but the DUI citation itself serves as a “de facto” DL for a period of 10 days, after which it is formally suspended. So for that 10 day period he can drive (in FL anyhow). The consequence of not responsibly dealing with his DL after that 10 day period has expire is a mandatory and automatic revocation (the length of time depends upon the circumstances of the DUI) – and if that happened (which it sounds like it did), then he wont be getting his FL-DL  back any time soon.

More significantly, however, is the fact that, again depending upon where his DUI occurred, within 21 – 30 days after his arrest he would have had to appear in court, and if he didn’t then he would have gotten a bench warrant for his arrest issued (it also sounds like that happened).  If he has an arrest warrant then he could be picked up on that warrant out of state, although he will not necessarily be picked up, and then, even if he is, he would have to be extradited, which may or may not happen.

The bottom lines here are A) that you cannot simply leave FL within 10 days of a DUI arrest and get a “do-over” – it does not work like that and B), respectfully, I think you are both incorrectly focused and are asking the wrong question of the wrong lawyers (i.e. I do not think this is a DUI question; rather I think this is a family law question).

Your concern about the effectiveness of DUI laws is secondary (or should be) to your worry over getting your son back into your custody, thus making this a family law question.  While a biological parent who is not under a court order restricting their parental rights to custody or visitation cannot be charged with kidnapping her/his child by unilateral relocation, there are very rigid laws in FL about the unilateral relocation of children more than 50 miles from their residence even within the State, much less out of State or clear across the country, but you will need a family lawyer to help you to deal with that process.

Accordingly I will re-tag your question and place it in the family law, as opposed to the DUI, practice area, and in that way I will hope that I will have been helpful to you.


First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 





When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


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


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


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #DriverLicense #Suspension #DriverLicenseRevocation #DriverLicenseSuspension #Revocation #Fleeing #Fugitive #Warrant #ArrestWarrant #Capias #AliasCapias #Kidnapping #RelocationOfMinors #Family #FanilyLaw #Paternity 
0 0 votes
Article Rating
Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

0 Comments
Inline Feedbacks
View all comments

Categories

Archives

0
Would love your thoughts, please comment.x
()
x