Wrongful SR-21 Denial, Driver's License Suspension
My mom transferred her car to me in May 2009 and did not drive after that. We both still lived in Florida.
We transferred our State Farm policy to California in July 2009 when we came out here. Her name was on the new policy even though she still did not have a car. We were told by State Farm at the time that we could have a California policy on a Florida vehicle. The move wasn’t final and we weren’t sure we were going to stay.
In September 2009, Florida affected an SR-21 DENIAL suspension on her license, even though she did not own a vehicle. So the first obvious first question is: If a vehicle is sold or transferred and the person does not drive or own a vehicle, can their license still get an SR-21 DENIAL suspension?
Per the DMV Clerk’s suggestion in May 2009, we transfer the title to my name and keep the same plates. Does that have any effect on the matter?
The insurance never lapsed. If the insurance policy is transferred to another state with the same carrier, but the vehicle keeps the Florida plates, can proving that we had that coverage at the time lift the suspension? (it was underwritten by a company licensed in Florida, but the office was in California.)
We decided to stay in California in April 2010 and transferred the vehicle to California at that time.
Fast forward to last year. She got a California license in July of last year. In September, California cancelled her license because of the Florida suspension.
Obviously, we feel this is unfair given all the facts and she wants to have a license out here.
In considering the worst case scenario, my understanding is that Florida can suspend a license on SR-21 DENIAL for up to three years. Once the three years passes, do they automatically lift the suspension, and she can reinstate her California license? Can that three year term be shortened, as it states UP TO three years? Does she have to go through the whole process again, or is clearing things up with Florida enough to reinstate her California license automatically?
So, now… I changed my Florida license to a California license in October last year. Florida still shows my old license as valid online. (Why, btw?) My concern is that if we call them and tell them she didn’t own a vehicle, and it was transferred to me, they might do the same thing to me. So… can they put an SR-21 DENIAL suspension on the old license that would affect my current California license? Can I cancel the old Florida license to prevent that possibility? Is there a statute of limitations on how long after getting a license in another state, Florida can still suspend my old license that would have an effect on the new license?
We are really afraid to call Florida and say the wrong thing. What is our best approach to resolving this? Any help would be immensely appreciated.
PS her old Florida license is now expired as well as suspended. How does that play into the matter?
Re: Wrongful SR-21 Denial, Driver's License Suspension
Florida requires SR21 verification by FTP protocol. It appears they requested and did not receive the updated insurance information or that it complied with Florida law. You need to contact the FL DMV and straighten it out.
Re: Wrongful SR-21 Denial, Driver's License Suspension
Quote:
Quoting
jerald
Per the DMV Clerk’s suggestion in May 2009, we transfer the title to my name and keep the same plates.
So you are stating that you completed the transfer of registration in Florida, in May, 2009, and as of that date Florida issued a title exclusively in your name?
Quote:
Quoting jerald
In September 2009, Florida affected an SR-21 DENIAL suspension on her license, even though she did not own a vehicle.
So apparently either (a) they are referring to a period preceding the transfer during which the vehicle was uninsured, or (b) for some reason they didn't update their data to show that you were now the sole owner of the vehicle and that you continued to hold valid insurance. If it's the former and the car was insured, mom should be able to document that. If it's the latter and the car was no longer mom's, you should be able to document that.
We cannot investigate this for you. If you don't know what is happening, we're not even in a good position to guess as to solutions and possible ramifications of various things you might do.
Quote:
Quoting jerald
I changed my Florida license to a California license in October last year. Florida still shows my old license as valid online. (Why, btw?)
Feel free to contact the Florida DMV and ask them. I expect that they will tell you that they were not aware of your new California license.
Quote:
Quoting jerald
My concern is that if we call them and tell them she didn’t own a vehicle, and it was transferred to me, they might do the same thing to me.
If you choose to do nothing, nothing will change.