Lifetime Loss of Driver's License From DUI's

[Skies]

My fiance had 4 DUIs in Florida over 20 years ago. At that time he was able to go into the supervised school. This condition was he had to fly to Florida once a month for the rest of his life. At that time he was in the military and deployed in different areas where he eventually for financial reasons and the military could no longer do this. All this fell on deaf ears and the state did not care. He stopped going and his license was then revoked forever. We are now trying to get him back into the program but because the statutes have changed, he's denied. We've hired attorneys but that hasn't helped either. We live in NJ and even have a legislator looking into it, but it all comes back to go to the source which is Florida.
I think the only possibility would be to try to go back and attempt to have one of the convictions overturned (20 years later). However, I did speak to an attorney in Florida who said although its not legally impossible, the chances of it happening would almost be nil. Should I look only for an attorney who has had some success in this or is this just dead and I should save the money. I even considered trying to get him into one of the states not under the compact agreement and have him try there. I think I even came across a website from an attorney in Colorado who helps people do this and supposedly it is legal.
Please if some one could give me some type of guidance or direction I would be so grateful. This man served 23 years in our United States Service and we can't help him out for mistakes that happened 20 years ago, in which he served time and paid fines. I just feel this is a concrete 8th Ammendment violation of cruel and unusual punishmnet. Even most murderers have a time limit where they pay their sentence and get on with their lives. This lifetime issue is plain wrong. Thank you for hearing me out.

[Skies]

Let me add one more thing although not relevant, but you decide. He has not had another drink since the last one happened 20 years ago.

[Mr. Knowitall]

The story of what happened 20 years ago doesn't make much sense to me. If the problem is that he violated his sentence by not going back to Florida every week, it seems like he would be able to resolve that either by going back for a probation violation hearing or asking the sentencing court to modify his sentence.

Without a full understanding of how he got himself into this mess I can't suggest how he might get himself out. He should probably hire a lawyer in Florida who is an expert in driver's license issues, and see what can be done.

[Skies]

He didn't even violate his sentence. He was given an opportunity to get a hardship license. The requirements being that he show up once a month for 5minutes for the rest of his life. Being in the military and living out of the state of Florida, this made it impossible (although he tried for 2 years, almost going into bankruptcy as the cost of the flights was almost half his military salary). We even asked now to be readmitted Ihired and attorney and everything) the answer was no. Statutes changed and basically too bad.

[chuckycheese]

If he's led a stellar life for the last 20 years, he might consider petitioning the governor for a pardon. It sounds far fetched but it would certainly be possible (I should think).

[Skies]

I actually tried to get information on a pardon and while he qualifies, it would not help is license issues at all.

[THEAMAZINGCHAN]

I actually tried to get information on a pardon and while he qualifies, it would not help is license issues at all.

yea driving is a privilege not a right so that makes sense there.

[CaliforniaMom]

. I just feel this is a concrete 8th Ammendment violation of cruel and unusual punishmnet.

I doubt seriously that the fore fathers were thinking about driving when they put that provision in the consitution. You do not have a fundamental right to drive a car in America, it is a privilege bestowed upon you by the state.

[blewis]

I doubt seriously that the fore fathers were thinking about driving when they put that provision in the consitution. You do not have a fundamental right to drive a car in America, it is a privilege bestowed upon you by the state.

True, but keep in mind that once granted, a driver's license becomes an "entitlement" and represents an "important property interest" and the U.S. Supreme Court has stated:

Once licenses are issued, as in petitioner's case, their continued possession may become essential in the pursuit of a livelihood. Suspension of issued licenses thus involves state action that adjudicates important interests of the licensees. In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment. Sniadach v. Family Finance Corp., 395 U.S. 337 (1969); Goldberg v. Kelly, 397 U.S. 254 (1970). This is but an application of the general proposition that relevant constitutional restraints limit state power to terminate an entitlement whether the entitlement is denominated a "right" or a "privilege." Sherbert v. Verner, 374 U.S. 398 (1963)

Barry

[aaron]

It sounds like this person is going to need to either travel to Florida as ordered, or get a lawyer and try to get his sentence - or whatever it is that supposedly requires the monthly visits to Florida for life - changed.