Question Of The Day

[paso]

What is the name of your state? florida I just returned home after taking my son in law to an "administrative hearing" to get his license back. He had 3 DUI's but served 2 1/2 yrs in prison and has completed all classes in and out of prison. As the woman said he is "squeaky clean" not even a parking ticket in 45 yrs. He received a letter from Tallahassee stating his suspension for driving was complete as of 10/19/07 . At the end of the interview, the woman told him his suspension STARTS 10/19/07 even though he has the paperwork that says he is DONE 10/19/07. I disagree--- the suspension started when he was sentenced not when he was released in September 2007 or the letter from the state would have said that. She said she would have to put him on probation for 2 yrs!!! and he is already on probation since his release!! I do believe someone is yanking his crank wanting more $-to me this is cut and dry according to all of the paperwork from the state. TY

 

[seniorjudge]

What is your question?

In any event, there are CIVIL problems he has to work out. That is with the folks who issued the OPL.

The CRIMINAL problems have already been taken care of (according to your post).

 

[paso]

Re: Suspension Of License

OOPS-- the question is why can my son in law NOT get his license back after all he has completed? Why another probation? Why is she saying his suspension STARTS 10/19/07 when it clearly states on the paper from Tallahassee his driving suspension is up 10/19/07. She is also saying the suspension STARTS on that date when it actually STARTS on the date of sentencing 2 1/2 yrs ago? Is she misinformed because to me this is complete redundance and double punishment. Since I am new to all of this what is OPL please LOL?

 

[seniorjudge]

OPL is operators license...drivers license.

As I said, he has to suffer a civil punishment as well as a criminal punishment.

 

[VeronicaLodge]

what would have been the point of suspending his license WHILE he is in prison? its not like he could drive then anyway.

 

[paguy88]

OPL is operators license...drivers license.

As I said, he has to suffer a civil punishment as well as a criminal punishment.

i think the poster is not understanding the cival vs criminal action involved here...

at any rate it is kinda a double punishment...

but in the words of bill parcells.. it is what it is...

 

[paso]

RE:suspension of license

You are 100% correct-- I have no clue what a civil punishment is. He was on house arrest,ankle monitor, and probation for over a year and never violated once. Then he was sent to prison for the 2 1/2 yrs after all of this. He completed all of his classes,went to classes while in the Big House and got his certificates. To me it is double jeopardy. And his license was suspended during the house arrest a year and a half before he even went to prison. And yes he certainly couldn't drive while serving his time in prison, but this was way before that. Actually tomorrow10/31/07 there is a closed session arguing case law about his case as they more or less double punished him and it will be state vs him. TY

 

[VeronicaLodge]

let us know what happens.

and when you said "this was all before that" what was "this" and what was "that"

 

[paso]

license suspension

OOPS again LOL I guess I am just not good at posting in here. The driving suspension was the "this and that". That was in 2004, then came the house arrest and ankle monitor and probation, then came the 2 1/2 yrs in prison. The "now" is he is out of prison since sept, still on probation(hopefully all over with tomorrow) and they still want to keep his license suspended for 2 more years even tho it is in black and white before me from Tallahassee the suspension was up 10/19/07. This sheet of paper was just mailed to him so it is brand new. And I mis spoke again LOL- it is HE VS THE STATE tomorrow case law closed session .ACK I must have too much on my mind LOL!

 

[Ohiogal]

How did he end up in prison AFTER being on house arrest for that long? That doesn't just happen without him doing something to cause it.

 

[paso]

RE: suspension

He did absolutely nothing to get sent to prison except for the DUIS's(3).And once again I mis spoke- this happened in 2002 not 2004 and his driving suspension is up as of 10/19/07 in black and white. That is why today they are arguing case law that has been on the books since 6/07 with HE VS STATE closed session. According to his atty they owe him for time served AFTER all of the house arrest,ankle monitor,drivers license suspension and 2 1/2 yrs served in prison AFTER all of this. All classes completed too before prison and in prison. He was not represented by an atty at the time of his sentence to prison---which we all know is a BIG mistake. Never ASSUME--UGH. I think he has been punished enough but that is my personal opinion. If anything, give him the interlock device in which to blow-and my personal opinion after seeing one work -wowww could that cause a major accident because it goes off at intervals while you are driving and you have 3 mins to pull off the road and blow and if you dont get it by the 3rd try the car shuts off and will not start again. Scarry little device.

 

[paso]

by request for VeronicaLodge

"This nonsensical thing is a double post"....That was a reply from seniorjudge in this forum when I said my son in law had won vs the state of Florida toady. I told him I was keeping you updated on the situation of my son in law per your request and the "double post" was thanks to Internet Explorer going down in the middle of my typing. Didn't know we were here to pass judgement on a mistake of the internet. Anyway the verdict will be in in every case law book in the country as of today-- the verdict---"Affirmed -Curiam Affirmed-they owe him for 392 days served in prison unnecessarily! Guess this is my last post in the forum because I thought this was a friendly place for advice and questions-only to be ridiculed for an accidental "double post" SHEESH

 

[paso]

Ooops Typo



OOPSIE --that person got me all riled up--its today, not toady UGH LOL!

 

[VeronicaLodge]

thanks, now go relax.