Legal Question in Traffic Law in Florida

i have just received notice that I will lose my license for 5 yrs as a hto due to dui/dwlsr 2x. I know you should not drive for any reason but is there is grounds to appeal the hto with the dmv due to the circumstances of driving when cited.? also i was convicted of the dui with drug possession yet my license was suspended for 6months and then for 2 years. why would they not run consecutively since one basically caused the other. Which would be suspended 10.2009 and reinstatable 10.2010 instead of the 4.11 as dmv stated. i did have narcotics on me but i had not consumed any that day at all and due to the fact that i chose an attorney that did not fight anything for me i received the dui.


Asked on 11/30/10, 7:53 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The DMV does not run drug suspensions concurrently. The 5 year suspension starts as soon as you are convicted, not arrested. So if you were convicted of the last DUI, or DWLSR charge in April, 2010, then it makes sense that you would not be eligible for a hardship until April 2011. Furthermore, if you ever drove in the time period from April 2009 onwards, you will NOT be eligible until at least one year has passed with no driving.

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Answered on 12/06/10, 9:01 am


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