Reasons for Suspended Driver's Licenses

[SamTheHam]

Are there varying degrees of "Driving while license suspended"?

In Florida, there only seems to be one item on a citation: "Driving while license suspended or revoked", and the penalty is the same if your license is suspended for being a real menace (i.e.: DUI) as it is if you underpaid your last infraction by $18.00.

Does anyone know why this is?

Also, I'm in a sticky situation. I owe an attorney restitution for a minor accident years ago when I was driving uninsured (without knowledge - my husband at the time failed to tell me he cut my auto, health and life insurance). For the past three years, I've been living hand to mouth, and it's been impossible to take care of the attorney (we're talking about a $1500 fender bender... my car was totalled), and he had my license suspended.

I drive for a living, and now I'm not making a living at all, which I would think this attorney would see as counter productive. I've called the state, and they told me the only way I can get a hardship license is if I had a felony against my license but paid all court costs.

Can anyone offer some insight?

Thanks so much for all you do... HAPPY NEW YEAR!

Sam

[sleclerc]

You have to have insurance and your license will stay suspended until you fulfill your obligation.


In florida driving suspensions normally fall under the following

1) dwls/w out
2) dwls with knowledge
3) dwls habitual


Child support, insurance laps(ie your case),prior dui, points violation, substance abuse conviction and all can result in a suspension.
An officer will determine wether its with or without knowledge. If its a dui, drug conviction, or an easy stat of habitual your gonna take the ride. The other without knowledge and dwls with will be at officer discretion..

[SamTheHam]

You have to have insurance and your license will stay suspended until you fulfill your obligation.


In florida driving suspensions normally fall under the following

1) dwls/w out
2) dwls with knowledge
3) dwls habitual


Child support, insurance laps(ie your case),prior dui, points violation, substance abuse conviction and all can result in a suspension.
An officer will determine wether its with or without knowledge. If its a dui, drug conviction, or an easy stat of habitual your gonna take the ride. The other without knowledge and dwls with will be at officer discretion..

Thanks for your answer - that makes more sense!

I should have clarified that better... this incident was some years back. I have insurance *now*, but I have been unable to pay the attorney in the past three years because of several layoffs and setbacks. I *want* this dealt with and over - I'm not trying to get out of anything. However, if I don't work, I can't eat, nonetheless pay the fees.

Does it make sense to pull one's license for the purpose of getting them to pay their fees? I'm trying to keep this as general as possible... I know it also applies to people who owe child support. How are they to pay when they can't drive to work? (This is also assuming people in my area - no mass transit, bedroom community where people commute at least 1 hour one way).

[sleclerc]

Ok the lawyer cant pull your license, only the DHSMV can..He cant pull it cuz you owe him money, but it can be pulled becuase you owe a *victim* ie an insurance company monies they paid out becuase you were uninsured..Id get on some type of payment plan and see if they will lift the suspension..

Dont get me started on the child support!

[SamTheHam]

Ok the lawyer cant pull your license, only the DHSMV can..He cant pull it cuz you owe him money, but it can be pulled becuase you owe a *victim* ie an insurance company monies they paid out becuase you were uninsured..Id get on some type of payment plan and see if they will lift the suspension..

Dont get me started on the child support!

You have my complete understanding on the child support issue. I'm guessing you've seen a lot of people willing to shirk rather than pay -- which infuriates me to no end. But to be fair -- aren't there some people out there that just *can't* pay?

The DHSMV did pull my license at the lawyer's request. The lawyer refuses to hammer out a payment plan -- because I *was* on a payment plan. When I attempted to explain that things got a little rough, they didn't have the best attitude.

So, I'll just try again. What else can I do?

Also, I realize non-LEO are not supposed to reply in this forum, as it is not to be used for discussion. I'll move to the proper discussion area.

[Seventy2002]

Looks like you have to satisfy the judgement against you to get your license back. Contact the court that issued the judgement and establish a payment plan. With that in place, you may qualify for a hardship reinstatement.

[SamTheHam]

Looks like you have to satisfy the judgement against you to get your license back. Contact the court that issued the judgement and establish a payment plan. With that in place, you may qualify for a hardship reinstatement.

I was actually in a payment plan with a lawyer for the insurance company. Long story short, I've not had a decent job in four years - finances have diminished, and they won't work out another plan.

I called Tallahassee, and was told that I can only qualify for a hardship license if I "don't owe any money".

That is the problem. I'm a generally law-respecting citizen (hell, I have my eye on joining the LEO academy!), but I just don't have enough cash to fix this thing.

[PhilipCal]

Alabama Law provides one charge for DL suspensions. "32.6.19 Driving while license, revoked, suspended, cancelled, or denied." The statutes will vary from state to state. I concur with the previous post which advised you,an attorney cannot have your license suspended. In most states, under provisons of Financial, Safety Responsibility statutes a license can be suspended if you were uninsured at the time of the accident, or did not respond in a case where damages were awarded to another party as a result of an accident. This can include a property damage (fender bender) as well as an injury accident. While I hesitiate to pass judgement on you, it's apparent Fla DHSMV had a legal reason to suspend your license. You may be hesitant to retain another attorney, but as a practical matter, you'll probably need some expertise in dealing with "the system". Many state or county Bar Associations have programs to assist people in situations similiar to yours. The fancy term is "Pro Bono".In these situations, attorneys will work on your case at reduced or possibly no fee. I would suggest you contact the Florida Bar Association to see if you might qualify for such assistance.