Articles Posted in Driver’s Licenses

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Florida Law prohibits any person convicted of a fourth DUI (Jacksonville Driving Under the Influence) from obtaining a Florida Driver’s License. In Jacksonville, if you receive a conviction for driving under the influence for the fourth time in your life, your Florida license will be suspended permanently. Thus, you will never be able to legally drive a vehicle, and you are not eligible for a hardship license.

However, this could change if House Bill 971 is passed. This Bill permits those convicted of four DUI offenses to obtain a Florida driver’s license after the completion of a Jacksonville DUI treatment program. In addition to the DUI program, the Jacksonville driver is required to have an ignition interlock device, similar to a breathalyzer, installed in his or her vehicle. The Bill will be presented to Governor Charlie Christ.

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A Florida Habitual Traffic Offender is defined in the Florida Statutes. Florida Statute Section 322.264 lists the criteria for a driver to qualify as a habitual traffic offender (HTO).  The Florida Department of Motor Vehicles will evaluate a person’s driving record for the past five years to make this determination.  If a Jacksonville driver has a certain amount of the traffic convictions, his or her license will be suspended for five years as a Jacksonville Habitual Traffic Offender. 

A Jacksonville driver must have three or more convictions, arising out of separate incidents, of the following to result in a Jacksonville HTO Suspension:
  1. involuntary or voluntary manslaughter due to the operation of a motor vehicle;
  2. driving under the influence (DUI);
  3. a felony in which a motor vehicle was used to commit the crime;
  4. driving with a license suspended or revoked (knowingly or unknowingly);
  5. driving a commercial vehicle when such privilege has been suspended or revoked; or
  6. failing to render aid in a crash that results in death or bodily injury.
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When a Jacksonville driver receives a Driving Under the Influence (DUI) conviction, his driver’s license is suspended.  The more prior Jacksonville DUI charges that a driver has, the longer the suspension.  However, most people are eligible for a Florida hardship license, even if they have prior Jacksonville DUI convictions.

According to Florida Statute Section 322.271(2)(a), a hardship driver’s license cannot be granted to a person that has: 
  1. been convicted of DUI two times or 
  2. had his license suspended for refusal two or more times.  

This Florida law does not make an exception for Florida drivers with a refusal suspension.  However, Florida Statute Section 322.271(2)(b) allows a Jacksonville driver that has been previously convicted of DUI to petition for a hardship license, but there is a waiting period.  A Jacksonville DUI that resulted in a five year license suspension has a 12 month waiting period, and a Jacksonville DUI with a ten year license suspension has a 24 month waiting period.  After the waiting period has expired, a Jacksonville DUI lawyer can petition the department of motor vehicles and establish the basis for granting a hardship license.  

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1035921_gps_driving_2.jpgAfter a Jacksonville DUI arrest, normally, the driver receives a 10 day temporary driving permit.  During this time period, his Jacksonville DUI Attorney should request a DMV hearing which will occur within 30 days of such request.  During this 30 day period, the Jacksonville DMV will issue a temporary driving permit.  After the hearing, the DMV will either reverse the Jacksonville DUI suspension or uphold it.  If the DMV upholds the Florida driver’s license suspension, you may be eligible for a hardship license.

With Jacksonville DUI driver’s license suspensions, a driver normally falls under one of two categories. 
  1. Jacksonville DUI will a blood or breath alcohol level or .08 or higher:  In this scenario, a driver must wait 30 days, after the suspension occurred, before he can obtain a hardship license.  The clock does not begin to run until the Florida driver’s license is actually suspended, so you must wait until after the temporary driving permit expires.
  2. Jacksonville DUI where the driver refused the chemical test:  In this scenario, the driver must wait 90 days, instead of the 30 days stated above.  
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844621_speed_1.jpgFor most people, the easiest way to handle a Jacksonville speeding ticket is to pay the fine and forget about it.  This is not a smart way to dispose of your Jacksonville traffic ticket.  When you pay the Jacksonville speeding ticket, you are adjudicated guilty of driving at an unlawful speed.  This will result in points being added to your Florida driver’s license.  These points can result in increased automobile insurance rates and may result in your license being suspended.  

In Jacksonville, Florida, if you exceed the speed limit by greater than 15 miles per hour, four points will be accredited to your Jacksonville driver’s license.  If you were traveling 15 miles per hour or less over the speed limit, you will earn three points.  If receive the following points on your Jacksonville driver’s license, your driver’s license will be suspended.
  1. 12 points within 12 months results in a 30 day suspension.
  2. 18 points within 18 months results in a 3 month suspension.
  3. 24 points within 36 months results in a one year suspension.
To learn more about Jacksonville speeding tickets and Jacksonville driver license suspensions, see Florida Statute Section 322.27 and contact a Jacksonville Speeding Ticket Lawyer.  A Jacksonville Traffic Ticket Lawyer can help you keep your driver’s license and avoid additional points on your license.  
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In order to be a Jacksonville habitual traffic offender, the driver must have a certain number of traffic offenses as listed in Florida Statute Section 322.264.  Quite often, a driver does not even know that he or she is eligible to be a Jacksonville habitual traffic offender, until the driver receive notice in the mail that his driver’s license is going to be suspended.  Once this occurs, it seems as if there is nothing left for the driver to do except become a Jacksonville habitual traffic offender and lose his license for five years.  

There is a way to remedy this problem.  The driver can petition the court to reopen his case and allow him to withdraw his guilty plea or modify the sentence.  For example, if the driver has three convictions for driving with a license suspended or revoked, his Jacksonville driver’s license will be suspended as an habitual traffic offender.  However, the driver can request that one of convictions be withheld or ask the court to amend the charge to driving without a valid license under Florida Statute Section 322.03.  If the court grants the petition, the driver will only have two convictions for driving with a license suspended or revoked, and his Jacksonville driver’s license will not be suspended.  
To learn more about how to prevent your Jacksonville driver’s license from being suspended, you can contact a Jacksonville Driver’s License Lawyer.  

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Florida Statute Section 322.27(5) states that any Florida driver that qualifies as a Habitual Traffic Offender shall have his or her license suspended for five years at minimum.  However, Jacksonville Florida drivers may be able to obtain a Florida Hardship Driver’s License after one year of revocation according to Florida Statute Section 322.271.  The Florida Habitual Traffic Offender will need to petition the department of motor vehicles in Jacksonville, Florida.  The Jacksonville Department of Motor Vehicles will hold a hearing to determine if a Florida Hardship Driver’s License will be issued.  
In order to obtain a Florida Hardship Driver’s License in Jacksonville, Florida, the Habitual Traffic Offender must complete the Advanced Driver Improvement (ADI) Course.  If the driver’s license suspension was due to an incident involving alcohol, the Florida Habitual Traffic Offender will be required to attend the required Driving Under the Influence (DUI) Course.
To learn more about obtaining a Jacksonville Florida Hardship Driver’s License, contact a Jacksonville Florida Driver’s License Attorney.  
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