Fort Meyers, FL- A class-action lawsuit that was filed in federal court this week alleges the rights of DUI offenders in Florida are being violated when their license is seized and suspended by the DMV.
The lawsuit was initiated by an Orlando man who was arrested for DUI last fall. Like all DUI offenders, the man was arrested, and his license was immediately seized and his license was suspended for a year.
WESH reports that after the man was found guilty of DUI and spent two days in jail, he and his legal counsel filed a lawsuit against the Florida Department of Highway Safety and Motor Vehicles, alleging that his rights to due process were violated because his license is still suspended.
The lawsuit seeks an injunction that would prohibit the state from suspending driver’s licenses for the next 90 days. In addition to the injunction, the lawsuit is seeking $50 million in damages to be paid to 240,000 people arrested for DUI in Florida since 2012.
David Oliver, the attorney who file the suit told WESH, “They (DHSMV) are judge, jury and executioner. They decide that your license should be taken.”
Oliver also argues that is unconstitutional for the Florida DHSMV to keep a person’s driver’s license after they’ve been found not guilty. He also argues that not-guilty offender should not be required to pay a temporary license fee of $240 or be required to attend an administrative hearing to have their license reinstated, WESH reports.
If you are charged with your first DUI in Florida, having you license suspended is one of the many consequences you face. For a DUI conviction, you could face up to six months in jail, fines totaling as much as $2,000 and you could be ordered to do community service.
If you have lost your license and the would like to get it reinstated, you have several requirements you must meet. First you must complete DUI school and, if ordered, you must complete a rehabilitation program. Once you complete your court-mandated programs, you can apply for a hardship license. If your license is reinstated or you are granted a hardship license, you will have to show proof of insurance.
You best chance of avoiding the many headaches associated with a DUI charge is to retain and DUI lawyer in Fort Meyers, Florida to work on your defense and help you keep your driver’s license. Since a DUI conviction stays on your record for at least ten years, you need an aggressive defense strategy to help you avoid a conviction. And if that isn’t in the cards, an assertive defense will, at the least, give you the chance to mitigate the consequences of a DUI conviction.
If you have been charged with a DUI in Fort Meyers, USAttorneys recommends you contact the law offices of Michael Raheb and set up a time for a case evaluation. Contact his office at 866-949-0888 and let him get started on your defense.