Legal Question in Traffic Law in Florida

Rehearing denied, adjudication withheld, no points assessed, no additional court cost assessed: No driver's license citation.

I legally lived in USA for 10 years. Visa was set to expire in June. Requested change of status to B1 prior to expiration. Was told that I would no longer be elligible to USA driver's license, so was forced to drive with my Mexican driver's license. One day before departure flight to Mexico, got stopped and presented Mexican driver's license. A "no valid driver's license" citation was issued nevertheless. I went to Orange county court to request information. They asked me to write a letter explaining the situation. Answer was: rehearing denied, adjudication withheld, no points assessed, no additional court cost assessed. I understood I was not liable, but another letter saying I had to pay fine arrived. A friend asked at the court and they recommended not to pay "until I replied" because "I needed to present a valid driver's license", but that it "should not affect me since I am living abroad". It seems to me that the person who said this is just there to collect payment, but she is not a lawyer. It must be noticed that I already submitted a photocopy of my Mexican driver's license, as I am unable to obtain an American driver's license while living in Mexico.

Asked on 11/14/12, 2:46 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Not sure what your question is, but it sounds like you need an immigration attorney to see how this will affect your legal status.

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Answered on 11/14/12, 7:39 pm
Brian Balaguera The Balaguera Law Firm, P.A.

I am a little confused by your question. First, you say that you lived legally in the USA for 10 years, is this a typo? You cannot remain on a B1 visitor visa for ten years. Also, was this your car or a rental car? Since the information written seems confusing and probably has some typos, it makes sense if you were here illegally and were unable to obtain a Florida license. Ideally, you would need either some sort of international drivers license accepted by Florida or an actual Florida license in order to have actual driving privileges in the State of Florida. I am fairly certain that a Mexican license does not cut the mustard so to speak. Many magistrates in traffic court would just dismiss the citation upon a showing that you fixed your issues and obtained a valid license, but they do not have to do this. It seems like since you did not have proof of a valid license, you were convicted of the offense or pleaded no contest and adjudication was withheld, no points, etc. This is usually based on a good driving record. In short, your case was not dismissed, so you are still obligated to pay court costs and a fine.

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Answered on 11/14/12, 7:45 pm

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