Statute of Limitation

[cylocke]

Florida Conviction,
I'll convey as much information as I have been given on this peticular question, I will try to expand on any follow up question as I can after asking the party concerned on the matter.

A man was convicted of DUI after July 1st of 2003, all fines related to the charge were paid in full, all mandetory drug and alcohol therpy time was taken, the only requirement not currently fullfilled that I'm aware of is the ignition interlock device that was ordered to be placed on the man's vehicles for a time of 2 years.

the man has since moved to New Hampshire and as of this time cannot get a New Hampshire state licience due to this portion of the sentence not being satified.

my question is, is there a sufficient period of time after all the other requirements barring this one facet of the sentence (bearing in mind that New Hampshire I don't believe impliments any such device as a condition of sentence in such a case) that the man must wait to be allowed to acquire a new licience in another state or must the condition of the original sentence be completed in that exacting detail?

[FlyingRon]

There's no statute of limitations for things like this. He needs to clear the license revocation in Florida before he will be eligible elsewhere. Depending on the original charge, the interlock may have been discretionary on the part of the judge. If a substantial amount of time has passed and he is clean, there may be a chance that they'd waive that sanction.

His best bet is to get a good lawyer down where he was originally charged to advocate for him.

[BigMistakeFl]

I lived through something vaguely similar. In Fl, some of the penalties are left to the discretion of the Probation Officer. Among those are random testing, further alcohol treatment, and the interlock device. In my situation, my PO loved my case and waved the interlock and others mentioned above. Yeah, I was surprised that court ordered penalties could be waved in the probation office, but in FL they apparently can.

I'd suggest you dig out your old paperwork on your DUI case and open a dialogue with your PO. Depending on how your relationship went there, how prompt you were with paying fines and getting the other penalties completed, you may find your PO will help you on this. Not sure he / she can wave it in retrospect, but it's possible that this person can be of assistance. It's a good place to start.

[RatPackLar]

Rember, typically you are dealing with two seprate actions and entities. The courts on the criminal side, and the DMV, on the administrative side. Which agency required the interlock.

The courts can do one thing, the DMV can do another, they do not have to do the same thing.

For example, you can get a DUI, refuse to blow, beat it in criminal court, yet the DMV can still yank the DL, on the refusal.

The hold on his DL will typically never get released, until he completes all of the requirments, period.

You need to find out exactly who has control of the hold, the court system, or the DMV, as that will tell you, what you have to do, and how to do it.

Get a lawer in the know on this!

[BigMistakeFl]

Interlock here in Florida is handed down by the court, not the Dept of Highway Safety and Motor Vehicles. This poster needs to check with his PO first, his lawyer will be of little use without more fees. Poster can then pay a lawyer to notify the "DMV" that this requirement has been met, or he can himself do as many of us in FL have done, send certified letter to Tallahassee requesting this change be noted in the computer records.