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Home > Law > Criminal Law   »   Out of state long dui license suspension anyway to appeal?

 
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Old Oct 25, 2009, 08:40 PM
maverick76
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Out of state long dui license suspension anyway to appeal?

LIvin in florida since 2004 but can't get a license in this state cause NJ has me suspended for like fifteen more years for multiple DUI arrests have tried to appeal them but not much luck with that. Have no intention of ever goin back there but have gone to rehab been clean for years now in school and working and even looking to get married but I can't get to a decent job or school or to anything without a license. Don't wanna drive illegally. Is anyway to petition florida to allow me to drive? I can get a probationary license even cause I never had a florida license? Can I ask for a hearing in florida? Can I ask NJ for a letter of clearance to drive out of state? Is any of this realistic? I know I screwed up but have been suspended for on and off over ten years and am clean and been doing the right things for a while but I can't survive any longer on walking to minmum wage jobs and once school is out I need to drive to these decent jobs to support my family. Anyone have and realistic ideas or suggestions?

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Old Oct 26, 2009, 05:22 PM   #11  
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Could not appeal in new jersey had no money to do so unfortunately as I spent all money I had on my original defense then inpatient rehab. Was my impression that the state of Florida can issue a license or do anything they want regardless of NJ since there is no national drivers license and while they adhere to New Jersey its a guideline not a law that they must do what NJ wants. I am a resident of Florida and why should Florida law not govern my driving privliges actually had a pa license was not even NJ license when was charged with DUIs. Can a Florida administrative hearing board consider giving me a license? Don't wanna pay a lawyer to try if there is really no chance in hell to be successful.
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Old Oct 27, 2009, 08:41 AM   #12  
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Originally Posted by maverick76 View Post
Could not appeal in new jersey had no money to do so unfortunately as I spent all money I had on my original defense then inpatient rehab. Was my impression that the state of Florida can issue a license or do anything they want regardless of NJ since there is no national drivers license and while they adhere to New Jersey its a guideline not a law that they must do what NJ wants. I am a resident of Florida and why should Florida law not govern my driving privliges actually had a pa license was not even NJ license when was charged with DUIs. Can a Florida administrative hearing board consider giving me a license? Don't wanna pay a lawyer to try if there is really no chance in hell to be successful.
Legally, Florida cannot issue you a driver's license unless everything is cleared up in New Jersey and Pennsylvania (since you say you had a Penna license at the time) as everything must be okayed by those states prior to Florida getting involved in the picture. And if you don't want to pay an attorney to help you do this then you will surely fail in any kind of an appeal process in New Jersey. You will have to prepare a well written legal brief to present to New Jersey citing case law and statutes regarding the breathelizer card. This is not new information as the judge already ruled on the fact that you were drunk regardless of how many times the test had to be administered. Your appeal would more than likely be a waste of everyone's time.

The Florida administrative folks can only make determinations on Florida DUI/DWI convictions - they have no jurisdiction over things that happened in New Jersey. Had you had the convictions in Florida, then yes. But since they happened in New Jersey you can't involve Florida.
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Old Oct 27, 2009, 10:54 AM   #13  
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Out of greenies for "Twinkie," but, YES!

If one State could "override" another every person who ever lost a driver's license would simply move to the adjacent State and get a new one.

Sigh.

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twinkiedooter agrees: Thank you JKT, I've been saying just that for 2 days now. One state can't grant a dl if the other state has outstanding business regarding the license.
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Old Oct 27, 2009, 01:07 PM   #14  
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[quote=Comments on this post
twinkiedooter agrees: Thank you JKT, I've been saying just that for 2 days now. One state can't grant a dl if the other state has outstanding business regarding the license. .[/QUOTE]



I frequently get the feeling that our lips are moving but nobody can hear us.
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Old Oct 27, 2009, 01:14 PM   #15  
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I frequently get the feeling that our lips are moving but nobody can hear us.
He didn't like my answer so he opened up another thread to see if he could get a different answer.

http://www.askmehelpdesk.com/crimina...rd-409881.html
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Old Oct 28, 2009, 11:40 AM   #16  
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No actually states issue license seperately and one state can't necessarily tell another what to do. Granted they do follow general guidelines such as if your suspended in one state the other state wants you to go back to the other that I understand. But no one has a national drivers license which means the other state can really do what ever it wants regardless of what NJ says. NJ Motor vehicle has no jursidicition outside of NJ. Not just trying to see if anyone knows of a forum by which I can present my situation and see if any arrangements can be made. I understand I created this. I understand and have paid very dearly for it but must I suffer for the rest of my life because of it? Must I wait until I am fifty to start my life? Cause your not getting a good job without a DL or raise a family or anything we all strive for. So am trying to find away to do things legally as opposed to just saying the heck with it and driving illegally.
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Old Oct 28, 2009, 11:45 AM   #17  
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Originally Posted by maverick76 View Post
No actually states issue license seperately and one state can't necessarily tell another what to do. Granted they do follow general guidelines such as if your suspended in one state the other state wants you to go back to the other that I understand. But no one has a national drivers license which means the other state can really do what ever it wants regardless of what NJ says. NJ Motor vehicle has no jursidicition outside of NJ. Not just trying to see if anyone knows of a forum by which I can present my situation and see if any arrangements can be made. I understand I created this. I understand and have paid very dearly for it but must I suffer for the rest of my life because of it? Must I wait until I am fifty to start my life? Cause your not getting a good job without a DL or raise a family or anything we all strive for. So am trying to find away to do things legally as opposed to just saying the heck with it and driving illegally.


Yes, apparently when you break the Law the Courts expect you to "suffer" until you've learned a lesson and/or paid a price. You say you had multiple DUI arrests and it appears that whatever price you paid the first or second time around did not make an impression on you because you continued to drink and drive. Now they've got your attention!

Please give the site which contains this information: "No actually states issue license seperately and one state can't necessarily tell another what to do." I've NEVER seen a person suspended in one State able to get a Drivers License in another but apparently your research proves to the contrary so I'd like to see it before I continue to post incorrect info.

No one here is going to give you information on how to break the Law in response to your statement (and I quote): "... the heck with it and driving illegally."

If you are sure you are right - and apparently you are because you've posted two threads on this same subject - retain an Attorney and fight to get your License, suspended in one State, issued in another.
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Old Oct 28, 2009, 03:09 PM   #18  
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There is no national drivers licence, but there is a national database that is used when applying for a licence. They WILL see that your are suspended in another state and decline you also in that state.
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