Legal Question in Traffic Law in Florida

Military Member Drivers License Expired

I am in the United States Air Force on active duty since 1995. I recently flew to Tampa, Fl en route to my contingency Deployment Overseas in support of Operation Iraqi Freedom. I was originally supposed to sign in at the base and then fly out 2 days later--that was 2 weeks ago now. I was pulled over by a Tampa Police Officer because my Rental Car's plates were ran and they apparently belonged to a Dodge Caravan and not the Grand Marquis I was driving. He then asked for my Driver's License which I give him along with my Military ID. My license was 2 years expired, however my license is from NY and according to the laws of NY my license is automatically renewed (No actions req'd) until 6 months after I seperate from Active Duty. I explained this to the officer and my entire situation to no avail. He told me he was doing me a favor by giving me a citation (Criminal) for licenses expired over 4 months and wasn't going to take me to jail (THANKS ANYWAY). I am supposed to leave anyday now, and I have the NYSDMV form MV-75, and the Section 116(3) of the NY State Defense Emergency Act. Should I request a Motion of Stay pursuant to the SCRA, 50 U.S.C. App. '522? Or what may I do without an attorney to get dismissed? Thanks


Asked on 4/22/07, 10:13 pm

1 Answer from Attorneys
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: Military Member Drivers License Expired

When is your court date? If it is not soon enough, find out which judge will be handling the case and call his/her judicial assistant and place the matter before the asap. You do not need an attorney to do so. Worse comes to worse and you are called out for duty, have your wife or someone from your base (if you cant hire an attorney) place it on the calendar to present your case.

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Answered on 4/23/07, 10:00 am


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