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View Full Version : Out of state long dui license suspension anyway to appeal?


maverick76
Oct 25, 2009, 08:40 PM
Living 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 going 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 want to 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?

maverick76
Oct 25, 2009, 08:47 PM
Trying to appeal a NJ dui. Arresting officer gave me the test eight times on two different machines cause he could not get the readings he wanted I guess. Anyway his training card showed he had lapsed on his breathalzyer certification but later on took a two day refresher course. I know it's a technicality but thought perhaps since he let it expire that he need to retake the whole 5 day course in order to reobtain his certification. That taking the refresher course once the card is out of date is not enough thus rendering his card invalid and making my tests inadmissable in court? Is this possiblely true? If it is where might I find this type of information to show a lawyer or judge? Been clean and sober now for years but trying to get life back together and driving is key to do that.

JudyKayTee
Oct 25, 2009, 09:05 PM
You have past DWI/DUI convictions?

What was the final reading?

You are foolish to attempt this without an Attorney, skilled in these cases, in defense. It would appear you may very well have a LOT to lose.

Did the first 7 tests show you were NOT intoxicated but the 8th one did? Or was it a question of the level?

Were you driving without a license? (Just saw the past history) https://www.askmehelpdesk.com/criminal-law/out-state-long-dui-license-suspension-anyway-appeal-409646.html#post2051791

JudyKayTee
Oct 25, 2009, 09:07 PM
Should be combined with the other thread - half info here, half there. Without this post a lot of key info is missing.

JudyKayTee
Oct 25, 2009, 09:12 PM
if he wasnt certified when he gave the test then its not admissible. its that way with alot of things. you can only get a sound ticket if the cop has training and certification with a calibrated sound gun


Do you have a site that says this? I cannot find it in NJ law.

What is a sound gun?

JudyKayTee
Oct 25, 2009, 09:15 PM
its the law here in bakersfield. idk if theres any websites where its listed. and i meant a decibel meter



And I also know NY law... but the OP is in NJ.

twinkiedooter
Oct 26, 2009, 07:43 AM
If you have already tried to get New Jersey's attention to let you drive sooner and failed, you certainly will not get Florida to give you permission to drive a car. Whatever business you have with New Jersey must be cleared up completely prior to Florida giving you even a learner's permit to drive. There is no way around Florida's laws as Florida is extremely strict when it comes to drunk driving or driving while under the influence of drugs. Florida was one of the first states to really crack down on DUI/DWI so I seriously doubt even with an attorney's help in either state not much is going to happen until everything is cleared up in New Jersey. Also I would think that your time has tolled for any appeal to the DUIs in New Jersey.

When you go to the DMV in Florida they immediately check nationwide - so basically it means nothing that you never had a license in Florida to drive. They don't care. And trust me, they are very thorough in Florida when handing out driving licenses.

Better get used to riding a bike, taking the bus, taking a cab, or having someone drive you.

twinkiedooter
Oct 26, 2009, 07:58 AM
In checking the New Jersey site for DUI penalties I noted that for the 3rd offense within 10 years of 2nd offence the license can be suspended for 10 years. Just how many DUI's did you have to get as many years' suspension that you got? You've been in Florida 5 years and have 15 more years to go so that means your license was suspended for 20 years. Correct?

In that case, I really think New Jersey has the right idea to keep you from getting behind the wheel of a car legally.

Had you done the same thing in Florida your license would have been suspended forever with no hope of ever getting it back. You must have been looking at the Florida website where they grant hardship licenses when so many years/months elapsed. This only applies if you were arrested and convicted in Florida and only for the first 3 convictions. After 3 convictions the penalties escalate tremendously or as the website puts it "penalties are more severe".

maverick76
Oct 26, 2009, 02:26 PM
Have 3 duis from NJ was suspended during the last bender back in 2004. Trying to find out if hiring a lawyer is even worth it I mean is there any way or realistic chance the Florida will let me drive at some point. If I had a Florida dl if am reading site correctly I could apply for at least hardship license after one year but since I was out of state I can't apply that not seem fair even though law often is not. What makes me different we both offenders NJ has no hardship license but has good public transportation. But to expensive to live there. Florida can't get around public transport sucks and doesn't work effectively and cabs down here no lie cost 20 bucks to go down the street one way. I am trying to do things legally but to support my family I need to get to work and school why not at least give me the hardship then make me drive illegal?

twinkiedooter
Oct 26, 2009, 02:50 PM
Hiring a lawyer won't help. There is no way Florida can legally give you a driver's license as everything happened in New Jersey.

The court really isn't interested in how you can or cannot get around to support yourself and your family.

Since your DUI's did NOT occur in Florida then the Florida hardship laws do not and will not apply to your situation. Sorry.

You put yourself in this predicament. Don't blame the State of New Jersey. The state is just following their laws regarding driver's licenses.

You should have appealed your DUI conviction when it happened. You had 30 days with which to appeal the sentence. I think 30 days came and went some 5 years ago. It's way too late to do anything about it now.

maverick76
Oct 26, 2009, 05:22 PM
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 it's 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 want to pay a lawyer to try if there is really no chance in hell to be successful.

twinkiedooter
Oct 27, 2009, 08:41 AM
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.

JudyKayTee
Oct 27, 2009, 10:54 AM
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.

JudyKayTee
Oct 27, 2009, 01:07 PM
[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.

twinkiedooter
Oct 27, 2009, 01:14 PM
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.

https://www.askmehelpdesk.com/criminal-law/nj-breathalyzer-certification-card-409881.html

maverick76
Oct 28, 2009, 11:40 AM
No actually states issue license separately 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.

JudyKayTee
Oct 28, 2009, 11:45 AM
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.

topend
Oct 28, 2009, 03:09 PM
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.