Habitual Traffic Offender

What is the name of your state? Florida

I have three DWLS charges that have resulted in my license being revoked.
For all three charges I pled no contest and recieved one Adj. Witheld and two guilty verdicts. Never did I realize that it would result in my problem today. In that period of time I was more concerned with keeping up.. with rent, with work, with traffic citations, and with raising a child alone. Being in a rural area I felt I had no choice but to drive or be homeless.
After paying my last fine, my life changed abruptly and I was able to move to a new town in a home of our own thinking we can start over and get things right this time. Within 5 months of moving I recieved notice (July of this year) that my license was being revoked.
Once again being in a rural area this is already DEVASTATING for us. We stand to lose everything once again if I can't drive. I am an otherwise law abiding person.

It has been advised to me that I might have a charge set aside or vacated. Do I have any basis? Inneffective counsel? I truelly need help.
Thanks in advance.
Josette

[I AM ALWAYS LIABLE]

Originally posted by alittlefreedom
What is the name of your state? Florida

I have three DWLS charges that have resulted in my license being revoked.
For all three charges I pled no contest and recieved one Adj. Witheld and two guilty verdicts. Never did I realize that it would result in my problem today. In that period of time I was more concerned with keeping up.. with rent, with work, with traffic citations, and with raising a child alone. Being in a rural area I felt I had no choice but to drive or be homeless.
After paying my last fine, my life changed abruptly and I was able to move to a new town in a home of our own thinking we can start over and get things right this time. Within 5 months of moving I recieved notice (July of this year) that my license was being revoked.
Once again being in a rural area this is already DEVASTATING for us. We stand to lose everything once again if I can't drive. I am an otherwise law abiding person.

It has been advised to me that I might have a charge set aside or vacated. Do I have any basis? Inneffective counsel? I truelly need help.
Thanks in advance.
Josette

My response:

How should we know if you have any grounds to set aside the convictions? You never stated ANY facts concerning any grounds! All you did was give us your history, and your sob story.

How wonderful, though. You have children, and you're drinking and driving! What a woman you must be!

What's terrific though is that you won't be driving anymore, and being a danger to other drivers.

Is there someone else who can take your children? They're obviously not safe with you because you're a three-time LOSER - - and those were only the times you were CAUGHT!

You may as well give your children to someone who cares about them, because from the looks of things, and your drunk driving history, you should be dead in very short order. I just hope you don't "take out" someone else's loved one when you do it.

Apparently, you live in a trailer - - because yours is the typical trailer trash story.

IAAL

I DO NOT EVER drink and drive and I have no charges on my record to reflect that. This all started because of a seatbelt ticket believe it or not. The first DWLS charge was at a checkpoint, they ran my license and it was suspended. No fault of anyone but myself, I agree. But I ALWAY TRIED to pay my tickets and stay in the clear, I just kind of got burried for awhile and honestly was feeling pretty desparate.
Each and every citation I have recieved in the past 3 years was while I was either going to work, or returning home from work. (with an exception of one where I was cited for backing into a car at the beach) which I now realize is why they only issued me fines. It could've been a lot worst. I just never realized they would take away my license over this.

[stephenk]

Again, what reason would there be to have the convictions set aside?

[lwpat]

Contact the Florida DMV. Many states have a hardship license provision where you can receive a license to drive certain hours or to and from work only.

"I am an otherwise law abiding person."

Then you need to learn to obey all the laws including those regarding driving.

After much research...
First of all, I will start with the fact that I was never informed that the state would revoke my license as habitual traffic offender
Second, I had no counsel,
Third, and I am curious if I can use this, is that Florida Statute 322.34 defines all convictions for DWLS as a conviction, even withheld adjudication.
BUT in 1995, the same year they wrote the statute to include DWLS statute they added Florida statute 318.14(10) which basically says you can forego court, admit a plea of no contest and recieve withheld adjudication that DOES NOT COUNT (as in non-criminal).
So they add a law that CLEARLY has people like me in mind but I never knew about it. So now what?
As for the Hardship license, this is a five year mandatory revocation. I can only get the hardship license after one year.
Now is there anyone who can REALLY help?

[HomeGuru]

So what are you asking for, a miracle?

Competent information..
But that's okay, I found what I needed in the Florida statutes.

If anyone else finds themselves in my situation, PLEASE contact me. The DSMV broke the LAW, ignored the statutes and called hundreds of thousands criminals when in fact driving on a suspended license for failure to pay a traffic fine is a traffic INFRACTION (look for Florida Statute 318.14(10)(a) and 318.14(11)
Instead they chose to lump everyone together just like the repliers to my original message did.

There ARE OPTIONS and I WILL SHARE what I learn.

[HomeGuru]

Originally posted by alittlefreedom
Competent information..
But that's okay, I found what I needed in the Florida statutes.

If anyone else finds themselves in my situation, PLEASE contact me. The DSMV broke the LAW, ignored the statutes and called hundreds of thousands criminals when in fact driving on a suspended license for failure to pay a traffic fine is a traffic INFRACTION (look for Florida Statute 318.14(10)(a) and 318.14(11)
Instead they chose to lump everyone together just like the repliers to my original message did.

There ARE OPTIONS and I WILL SHARE what I learn.

**A: ok, that's good. But do you currently have a driver's license?
You see, not much has changed.