When did I become defined as Resident in Florida ?

[Bill_Gates]

Florida

Hi,
I recently received a ticket citation for "failure to obtain a drivers license with-in 30 days" Statute 322 031 (1). I was using an UK licence from which is legally valid in the USA and Florida.

The Florida Drivers Handbook states that you need to obtain a Florida license with-in 30 days of becoming a resident. It also states that to be considered a Florida resident you need to do certain things like file for homestead or put your kids into school, accept employment or reside in Florida for more than 6 consecutive months. None of which I have done.

I did however apply to become a resident through the immgration process 4 months before the citation date. At the time of the citation that application was still going through the system.

I was in the country for 5-1/2 months on the citation date.

I have only been guided by my interpretation of the Florida Drivers Handbook. I don't know how true or acurate the detail of this book is in relation to the statutes.

Please can somebody tell me if I have a case here for not guilty on the basis that I was not defined as a 'Resident' at that time.

Thanks

 

[patstew]

Florida
I recently received a ticket citation for "failure to obtain a drivers license with-in 30 days" Statute 322 031 (1). I was using an UK licence from which is legally valid in the USA and Florida.

The Florida Drivers Handbook states that you need to obtain a Florida license with-in 30 days of becoming a resident. It also states that to be considered a Florida resident you need to do certain things like file for homestead or put your kids into school, accept employment or reside in Florida for more than 6 consecutive months. None of which I have done.

Did you call the number on the ticket or the local DMV office? Seems like this could be resolved pretty simply if the conditions you state are true.

 

[Bill_Gates]

Thanks

I spoke with the DMV with and they confirmed that it was legal to drive around on my UK license.

So now I have to go to court to get this dropped just because a the ticketing law inforcement officer does not know is job.

I am self employed so a court appearance is going to cost me time and money. Is there a way of getting this dropped without having to go to court ?

Thanks

 

[SixEight]

Unfortunately you will have to goto the court. Even though your evidence is pretty straight forward you have to put it all together and present it to a judge for your charge to be dropped.

 

[Zigner]

What do you do for a living?

It might be a good idea to get your license in Florida, since you will have been a Florida resident for more than the required 6 months by the time this goes to court (Or am I wrong on that?)

 

[CdwJava]

First, the DMV is not the final arbiter of statutory law. Second, when you are employed (even self-employed) you have established residency. Thus, by your own admission, 30 days after doing this you were required to get a license. There are procedures in FL for non-citizens to obtain a driver's license. Tourists can drive on their UK license for a certain amount of time, but you are no longer a tourist.

To prove this, see the FL statutes:

322.031 Nonresident; when license required.--

(1) In every case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003(61), accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 30 days after the commencement of such employment or education, be required to obtain a Florida driver's license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver's license within that 30-day period prior to operating a motor vehicle on the highways of this state.

Sorry, but you're on the losing end of this one because you are no longer simply a tourist.

My recommendation: Go out and get the license before the court date. When you go to court, bring the bright, shiny new license in to the court and let them know you have adhered to the law. Most courts will likely dismiss the violation based upon your compliance. In my state, being unlicensed is a "fix it" ticket - I imagine it is much the same in FL. If you continue to drive while being unlicensed you could lose your car and, possibly, go to jail. So, get this done immediately!

- Carl

 

[Bill_Gates]

Thanks for your replies.

CDWJava

Apologies I may have confused you with my last post. At the time of the ticket I was clear on all accounts. The very next day I passed my FL driving test.

Things change and I moved on.