License Suspension/Not following procedure.

[gatorguy3]

What is the name of your state? Florida.

Another situation.

In April 2004 I received notice of intent to suspend my driver's license if I didn't pay back support, although, as I mentioned before, my entire paycheck was being held for support for the previous 12 months or so.

The letter was from the D.O.R. and explained if I didn't pay the back support, which was into mid 4 figures, my license would be suspended indefinitely. We had another hearing that was scheduled for about 10 days prior to the suposed date my license would be suspended.

During said hearing, the General master, after hearing both sides on the issues on the docket, decided to put everything on hold pending a hearing finding out who the players were in this case. Everyone was confused as to who was involved and who was not. Months previous, I received a letter stating the D.O.R. would no longer be involved in the case.

Rewind a bit...my ex was being represented by an attorney from the D.O.R. in 2004 my attorney and I were informed she had co-counsel helping with the case. A month or so after that notification, we were informed the D.O.R. was backing out so the co-counsel could become lead counsel. Sounds wierd to me but that is what they did--to the letter.

Anyway, so at the Modification hearing it was stated to let all orders be on hold until further notification. I asked if this included the suspension order and the General Master said "Yes, everything." Funny thing is, when we were discussing the license issue, that is when everyone was confused because they said the only two entities who could ask for the suspension of my license were my ex and the D.O.R. They asked my ex and she said, under oath, it was not her. And because there was confusion as to the involvement of the D.O.R. they said to just put it on hold.

Well, My license was suspended and we have put in an Order to have it reinstated and the court is reluctant to do so. We have even called them asking for reasons and they will not give them.

My questions:

1) According to FLA ST 322.251 (1) the Department of Motor Vehicles was to give notice "either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee's driving privilege. "

Now as it states, I understand if the mail didn't get to me...but I have never had issue with receiving mail and they had my current address.

Can I ask them to provide the documentation suposedly sent? And what, if they didn't send notification, can be done?

2) If there was question of the D.O.R. being involved and if I can produce that letter stating they were backing out, does that make the order of notice to suspend my license invalid?

Thanks to all who have read this and to all those who give comentary. Thanks

 

[Gracie3787]

What is the name of your state? Florida.

Another situation.

In April 2004 I received notice of intent to suspend my driver's license if I didn't pay back support, although, as I mentioned before, my entire paycheck was being held for support for the previous 12 months or so.

The letter was from the D.O.R. and explained if I didn't pay the back support, which was into mid 4 figures, my license would be suspended indefinitely. We had another hearing that was scheduled for about 10 days prior to the suposed date my license would be suspended.

During said hearing, the General master, after hearing both sides on the issues on the docket, decided to put everything on hold pending a hearing finding out who the players were in this case. Everyone was confused as to who was involved and who was not. Months previous, I received a letter stating the D.O.R. would no longer be involved in the case.

Rewind a bit...my ex was being represented by an attorney from the D.O.R. in 2004 my attorney and I were informed she had co-counsel helping with the case. A month or so after that notification, we were informed the D.O.R. was backing out so the co-counsel could become lead counsel. Sounds wierd to me but that is what they did--to the letter.

Anyway, so at the Modification hearing it was stated to let all orders be on hold until further notification. I asked if this included the suspension order and the General Master said "Yes, everything." Funny thing is, when we were discussing the license issue, that is when everyone was confused because they said the only two entities who could ask for the suspension of my license were my ex and the D.O.R. They asked my ex and she said, under oath, it was not her. And because there was confusion as to the involvement of the D.O.R. they said to just put it on hold.

Well, My license was suspended and we have put in an Order to have it reinstated and the court is reluctant to do so. We have even called them asking for reasons and they will not give them.

My questions:

1) According to FLA ST 322.251 (1) the Department of Motor Vehicles was to give notice "either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee's driving privilege. "

Now as it states, I understand if the mail didn't get to me...but I have never had issue with receiving mail and they had my current address.

Can I ask them to provide the documentation suposedly sent? And what, if they didn't send notification, can be done?

2) If there was question of the D.O.R. being involved and if I can produce that letter stating they were backing out, does that make the order of notice to suspend my license invalid?

Thanks to all who have read this and to all those who give comentary. Thanks

First, the problem with the DMV not notifying you of the actual suspension is something that you will have to take up with them.

Even though it is understandable that you would think the possible suspension was put on hold because that is what you were told in court, however, the reality is that the court wasn't going to suspend license, DOR was. When you recieved that letter from DOR, you have to talk to them, they are the only ones who can stop it once thier letter is sent. I know- it stinks. Just always remember- anytime you get anything from DOR- Always follow up with them besides the court.

was your contempt/purge after your DL was suspended? If so, take your contempt order and purge reciept to DOR, they will give you a form letter to take to DMV to get DL reinstated.

I know that what has been done is really wrong, but right now you need to concentrate on getting DL back, and then worry about the rest.
Good luck.

 

[gatorguy3]

Thank you for the information, Gracie.

The one thing I didn't mention in this thread, that I did mention in another, is that I applied for a job that would have paid me $30k a year plus. A few days later I found out that the suspension took affect. A day or so after that I received the call that the company was at a point to hire me. At that point, I had to mention my license suspension as the job required random driving. Well, you don't have to be a rocket scientist to know they turned me down after finding that out.

So, my license being suspended cost me $30k a year and the ability to pay arrearages and CS.

 

[gatorguy3]

I guess in the whole scheme of things...

I am not going to work at McDonald's or anything less than where I can make enough money to support myself and this corrupt system, at least for the moment.

The hearing officer actually asked me why I didn't just get a job at McDonald's.

I should have asked her why she doesn't work there.