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Bail Revocation for Violating a Restricted License

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  • 09-30-2013, 08:12 AM
    dtripp
    Bail Revocation for Violating a Restricted License
    My question involves criminal law for the state of: Florida, My husband was arrested for a Dui a little over a month ago. He was released on bond and got a business purposes only license. He was pulled over on his way home over a week ago and arrested for violation on the restricted drivers license. He was on his way home from work and had to stop by his father's house to pick up some tools for work. Since he did not go straight home, the officer arrested him. SInce he was out on bond, his bond for the dui was revoked and he is now sitting in jail. It has been over a week now and a motion for a bail reinstatement hearing was put in 5 days ago and still no date for a hearing. How long does it usually take for the judge to set a hearing? What are the chances that it will be denied? If denied, how long can will he be stuck in there? I am 7 months pregnant and working my butt off, he needs to get out and get back to work, will that be taken into consideration? What will the judge take into consideration when deciding on this? Any information would be appreciated...
  • 09-30-2013, 08:14 AM
    Disagreeable
    Re: Bail Revokation
    The court will only take into account he was driving when he was not permitted to. His poor choices are not the courts problem.
  • 09-30-2013, 08:23 AM
    Mr. Knowitall
    Re: Bail Revocation for Violating a Restricted License
    Quote:

    Quoting dtripp
    View Post
    He was on his way home from work and had to stop by his father's house to pick up some tools for work. Since he did not go straight home, the officer arrested him.

    Why was he pulled over, and why didn't the officer find his story to be credible? Is he self-employed?
    Quote:

    Quoting dtripp
    It has been over a week now and a motion for a bail reinstatement hearing was put in 5 days ago and still no date for a hearing.

    Generally speaking, the party who schedules a motion is responsible for securing a hearing date. If the court docket is so congested that the court is basically saying, "We'll get him on the docket at the earliest possible date," then it would reasonably follow that the problem is that the court is presently overwhelmed with cases.
    Quote:

    Quoting dtripp
    What are the chances that it will be denied? If denied, how long can will he be stuck in there?

    We can't speak to the odds, as we don't know the background facts. If your husband's lawyer filed the motion to reinstate bond, his lawyer will be the person best able to estimate odds. If the petition is denied, or if he does not post his new bond, he can be held until his charge is resolved.
  • 09-30-2013, 08:43 AM
    dtripp
    Re: Bail Revocation for Violating a Restricted License
    He was pulled over for a headlight being out. He is not self employed but has 2 jobs and is required to provide his own tools for one of the jobs, which he keeps at his father's house for storage. The officer basically told him that it was not permitted for him to have stopped at his father's house and he should have gone straight home. When my husband tried to explain to him that it was for work and he could not go to jail, the officer simply said, "You should have thought about that before you stopped at your Dad's."
  • 09-30-2013, 07:33 PM
    CourtClerk
    Re: Bail Revocation for Violating a Restricted License
    The officer is completely right. A license to go back and forth to work is a license to go BACK AND FORTH TO WORK ONLY, not take a detour to dad's house because at that point, he's no longer going back and forth to work. He went from work to dad's house and then dad's house home...

    His option was to have his wife go get what he needed or have his dad bring him what he needed or have someone go pick it up for him or his wife to drive him. See? All kinds of options.
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