License Suspensions| The Law Office of Lee Meadows

Practice Area:

LICENSE SUSPENSIONS

The Law Office of Lee Meadows has over 41 years assisting people needing guidance regarding Suspended or Revoked Driver License in Florida.

DON’T LEAVE YOUR FUTURE TO CHANCE

Each License Suspension case is different and experience counts.

There are many ways that your Florida driving license can either be suspended or revoked. Each way requires a different legal strategy so it’s important to consult the expertise of an experienced attorney.

Have You Failed to Comply or Failed To Pay a Fine?

A driver license will be suspended indefinitely if the driver fails to comply with or appear at a traffic summons, or fails to pay a fine. To clear the suspension, contact the traffic court in the county where the traffic summons was issued, satisfy the traffic summons and present proof of the satisfaction with a D-6 suspension reinstatement fee to any Florida driver license office. Some traffic courts allow payment for the traffic summons online via credit card. Check the traffic court website to determine if you can pay now.

Suspensions vs. Revocations

REVOCATIONS

1. Inadequate Vision

To reinstate a license that has been revoked due to inadequate vision, an individual must submit an eye exam report to a Florida Driver License office. The driver may be licensed if minimum vision standards are met.

The Medical Board will review the chart, advise the department and a determination will be made.

2. Florida Habitual Traffic Offender (HTO)

If determined to be a Habitual Traffic Offender (HTO), an individual’s driver license will be revoked for five years. After one year from the effective date of revocation, a driver may request a hardship license. A driver may request a hearing by contacting their local Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”). If the hearing with the Administrative Reviews office is favorable, the driver will be authorized to obtain a hardship license for the remainder of the revocation period. The driver will be required to present enrollment or completion of Advanced Driver Improvement School (ADI) and pay a $75.00 revocation reinstatement fee, along with any other applicable fees. A hardship license restricts driving to employment or business purposes only.

Once the revocation period expires, the hardship restriction no longer applies. The driver can resume driving with full privileges or may report to a service center to obtain a replacement license ($25.00 fee) issued without the hardship restriction listed.

If the entire HTO revocation period is served without a hardship license, a hearing with the Administrative Review Office is not required. A driver can reinstate for full privileges by presenting enrollment or completion of Advanced Driver Improvement School (ADI) and pay a $75.00 revocation reinstatement fee along with any other applicable fees for issuance of a driver license.

All 50 states and Washington, DC have websites with motor vehicle information for consumers. Some states have separate agencies for driver licensing, vehicle registration and highway patrol (state police). Other states’ motor vehicle administrative agency websites can be found here.

3. Unpaid Traffic Tickets

Tickets must be paid in the traffic court within the county where the citation was issued. Some traffic courts allow payment online via credit card. Check the traffic court website to determine if you can pay yours now.

4. Clearing a Traffic Ticket Received in Another State

If a driver holds a Florida license and they received a ticket in another state, the ticket will be sent to Florida to be added to the driver record. Points will be added to the driver license if the ticket is a point-accessible violation according to Florida Statute 322.27(3). Florida law does not allow any school or program to remove points for a ticket received in another state.

Any unpaid ticket reported by another state will result in the suspension of a Florida driver license. To clear the unpaid ticket from a Florida driving record, the driver must obtain a paid receipt with the court seal of the county where the ticket was received and present it to DHSMV.

All 50 states and Washington, DC have websites with motor vehicle information for consumers. Some states have separate agencies for driver licensing vehicle, registration and highway patrol (State Police).

SUSPENSIONS

1. Failure to Comply with or Appear at a Traffic Summons, or Failure to Pay a Fine

2. Failure to Complete Driver Improvement School

A driver license will be suspended indefinitely if the driver fails to complete court-ordered driver improvement school, or if the election was made but the driver did not or was not eligible to attend. To clear the suspension, contact the traffic court in the county where the traffic summons was issued, satisfy the traffic summons and present proof of the satisfaction with a D-6 suspension reinstatement fee at any Florida driver license office.

3. Incapable of Safely Operating a Motor Vehicle

The Department of Highway Safety and Motor Vehicles is authorized in Section 322.221, Florida Statutes, to require a licensed driver to submit medical reports regarding their physical or mental condition to the Department’s Medical Advisory Board if the Department has reason to believe that the licensed driver is physically or mentally unqualified to operate a motor vehicle. If determined to be incapable of safely operating a motor vehicle, the driving suspension lasts for one year. The suspended driver is not eligible for a hardship license in this case, but may request a hearing to petition for one or two more opportunities to pass the test. A hardship license restricts driving to employment or business purposes only.
When the suspension has expired, then the subject must pass the required exams before re-licensing.

4. Point Accumulation on Driver Record

Points are assigned based on the type of conviction and remain on the driver record for at least five years from the date of disposition (conviction). A driver may apply for a hardship license through their local Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”). To obtain a hardship license or reinstate when the suspension expires, the driver must take a required examination, submit Advanced Driver Improvement (ADI) school enrollment and pay a suspension reinstatement fee and any other applicable license fees. A hardship license restricts driving to employment or business purposes only.

5. Violation (Not DUI-Related) Resulting in Death or Serious Bodily Injury

A driver license will be suspended for three months to one year for a violation (not DUI-related) resulting in death or serious bodily injury. A driver may apply for a hardship through their local Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”). To obtain a hardship license or reinstate when the suspension expires, the driver must take the required examination, submit Advanced Driver Improvement (ADI) school enrollment and pay a suspension reinstatement fee and any other applicable license fees. A hardship license restricts driving to employment or business purposes only.

6. Fraudulent Driver License

A driver license will be suspended for one year for fraudulently obtaining a driver license. The driver may petition the department for a hearing to determine whether or not fraud has been committed. If during the hearing it is determined that fraud was not committed, the suspension will be removed.

If fraud is proven, the driver may apply for a hardship license. If approved for a hardship license, or if the suspension has expired, the driver must take the required examination and pay a suspension reinstatement fee and any other applicable license fees. A hardship license restricts driving to employment or business purposes only.

7. Child Support Delinquency

Delinquency in child support can result in an indefinite suspension of driving privilege. If the suspension was ordered by a court, a driver may bring the court affidavit to a driver license office within 30 days for reinstatement.

No exam is required to reinstate, but a child support suspension reinstatement fee may be required. If a driver has more than one support suspension, a reinstatement fee will be required to clear each suspension. For example, two reinstatement fee payments will be required for two child support suspensions. If the clearance occurs before the suspension date, the suspension will be deleted and no fee is required.

TESTIMONIAL

“Lee handled my case very effectively, professionally, and the outcome was what I was hoping. Thank you”

Avvo Reviewer – August 23, 2018

Of Counsel Adam J. Komisar, Esq

Tallahassee Criminal Defense Attorney

Practice Area: