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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Driving on Suspended License Charge, Out-of-State Suspension

    My question involves a driver's license issued by the State of: Florida

    I moved to Georgia in May of 2012 from Florida. I was unemployed 30 days after moving here. My wife and I were prepared to move all of the motor vehicle stuff over to GA. The first thing she did was move the insurance. We have Progressive. We did not change carriers, just the state coverage. Well, (and I found this out later) apparently, Progressive doesn't tell states the car is insured but in another state. They just told Florida it was no longer insured. But when I lost my job, every penny was important and so we delayed registering the car and getting our drivers licences. The vision in my right eye would necessitate a $75 eye exam in addition to all of the other fees.

    Since my plate was still a Florida plate, the state suspended my FL drivers license in July of 2012 (surprisingly they did not suspend my wife's drivers license even though she was on the registration). I never received notice of this. If I had, it would have taken one phone call to fix it.

    Fast forward to January 2013. After securing employment in November, we were getting back on our feet. I even had insurance and made a trip to the doctor and had planned that weekend to get everything else done (I also secured vision insurance so that my exam would be free). On the way home however, I was pulled over because of the expired Florida tag. It was at that time I was first informed my FL drivers license was suspended. My wife did get her GA drivers license for voting purposes (I used my passport). I was hoping the cop would serve me notice my license was suspended and tell my wife to drive home. Nope. After another cop showed up and they talked, I was placed under arrest, brought to the county jail (Cherokee County GA), booked, fingerprinted, photographed and had to post $1265 bond to get out.

    That was on January 3rd. The very next day, I was told by the Florida DMV that if I could have Progressive send a letter saying the insurance never lapsed, they'd reinstate my license without penalty or fees. My Florida license was reinstated on the morning of January 7th. I have the clearance letter as well as the letter from Progressive to the Florida DMV. I spoke to an attorney who advised me to try and get my Florida license (which I have ordered) and then go and get my Georgia drivers license. He said since I didn't have a GA drivers license, it was only my privilege to drive that was suspended due to the FL suspension. He said if my drivers license has been cleared in FL, I should have no problem getting a GA drivers license.

    He offered great advice but also said his fee for representing me at the arraignment would be $3000 which I thought was way too high for a hearing. I am almost thinking he quoted me a high price as he didn't want to take this particular case. Believe it or not, I have had one HELL of a time getting other attorneys to call me back. It's crazy. I had another one quote me $500 but trying to get her to return calls or emails is almost impossible.

    My hope of course, is to get the charge dismissed. I am thinking if I have my GA drivers license, the letter from Progressive as well as the clearance letter from the state of FL, the prosecutor will be agreeable to dismiss the charge. After all, this was not because I failed to pay child support or my license was suspended because of a DUI. If not, I can always plead not guilty and then try to find an attorney. My arraignment is coming up on February 12 and would like to get this over with.

    Any advice? Should I still seek to chase down an attorney or would going in alone be worth it if I can get a conference with the prosecutor before my case is called?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driving on Suspended License Charge, Out-of-State Suspension

    It's possible that the prosecutor will be sympathetic, particularly if your record is clean. But it's possible you will get a prosecutor who will take the position that you brought all of this on yourself by violating Florida law by failing to update your driver's license with your current address, and violating Georgia law by failing to properly register your vehicle and get a driver's license in a timely manner after you relocated to that state. We can't make you any promises.

    If the prosecutor will talk to you, such that you know what will happen when you go to court, that would be great - then you'll know if you might benefit from retaining counsel or if you'll manage to get the charge dismissed (if so, likely on a payment of fines and costs).

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