Situation Where a Driver Technically Possess Both a Valid and Suspended License (2015, lawyer)

[Sheena1210]

Hypothetical situation:

Driver was ticketed, charged and sentenced to a fine and traffic school. Two weeks after the traffic incident, the driver moved away from Florida to Texas and quickly transferred their FL license to a TX one.

Fast forward two years, in which the driver still hasn't paid the fine or completed traffic school which resulted in the ticket being sent to collections. Driver's Florida license has been suspended for not meeting court requirements but driver still posses a current, valid Texas license.

Say the driver were to visit Florida and gets pulled over for whatever reason. Even though the driver would obviously hand the officer their TX license, would A) their suspended FL license pop up and, if so, B) can the officer ticket, arrest or legally incompatitate said driver for 'driving on a suspended license'?

If this situation were to happen, what could the possible outcomes be? Could the cop legally arrest the driver and for DOSL and impound the car, even though the conundrum exists of that driver possessing both a valid and suspended license at the same time?

Any information or advice regarding this hypothetical situation would be greatly appreciated by a real life driver who is in the process of planning a long road trip to Florida and is merely a curious soul.

Thanks!

-s.

[FlaLadyB]

you would best be answered by calling the police dept and just asking them

[cfbs2691]

Originally Posted by FlaLadyB

you would best be answered by calling the police dept and just asking them

Agree with this but since everything's computerized and cops share information nationwide.. Until everything in Florida's taken care of... the "made up" person should probably stay out of Florida.

[aridon]

If you don't pay the fine, you'd have a flag for "do not renew or reinstate" on your license or registration and perhaps a bench warrant for never paying the ticket.

The bigger issue will be the bench warrant. Which you could verify if it exists or not by contacting the police and or the court house to get the fine taken care of which would clear the warrant. There are also free ways to look on the internet without contacting them.

Having another license in a different state means nothing if you have a bench warrant out for your arrest for not paying the original traffic ticket. If there isn't a warrant, then you can clear up the ticket should you return to live here otherwise there wouldn't be any cause for concern.

[Rabflmom]

Originally Posted by aridon

If you don't pay the fine, you'd have a flag for "do not renew or reinstate" on your license or registration and perhaps a bench warrant for never paying the ticket.

The bigger issue will be the bench warrant. Which you could verify if it exists or not by contacting the police and or the court house to get the fine taken care of which would clear the warrant. There are also free ways to look on the internet without contacting them.

Having another license in a different state means nothing if you have a bench warrant out for your arrest for not paying the original traffic ticket. If there isn't a warrant, then you can clear up the ticket should you return to live here otherwise there wouldn't be any cause for concern.

My question is.......Wouldn't a warrant show up even in Texas if they pull his Texas driver's license? Did they slip up when they even issued him the Texas license because his violations would show up on his Fl license immediately when they checked its validity and confiscated it to issue the Texas license?

[aridon]

Originally Posted by Rabflmom

My question is.......Wouldn't a warrant show up even in Texas if they pull his Texas driver's license? Did they slip up when they even issued him the Texas license because his violations would show up on his Fl license immediately when they checked its validity and confiscated it to issue the Texas license?

If he got stopped anywhere he'd run the risk of going to jail with a warrant but a warrant in another state wouldn't necessarily impact his license in a different one. He might not even have a warrant outstanding either, just depends. He should check though.

[Justashane]

I'm in the same situation. My license was suspended because of an error with the court house. They suspended my license because I didn't pay a fine, I showed them I did pay the fine so they dropped all fines and removed the suspension. However, I still have to reactivate my license by paying $135 in person at the DMV, I'm 2500 miles away and that's just not happening. Until I do that or hire another lawyer to go in and pay that fine for me, I cannot get a new license but my license is still good out of state...figure that one out.

[runswithscissors]

Originally Posted by Sheena1210

Hypothetical situation:

Driver was ticketed, charged and sentenced to a fine and traffic school. Two weeks after the traffic incident, the driver moved away from Florida to Texas and quickly transferred their FL license to a TX one.

Fast forward two years, in which the driver still hasn't paid the fine or completed traffic school which resulted in the ticket being sent to collections. Driver's Florida license has been suspended for not meeting court requirements but driver still posses a current, valid Texas license.

Say the driver were to visit Florida and gets pulled over for whatever reason. Even though the driver would obviously hand the officer their TX license, would A) their suspended FL license pop up and, if so, B) can the officer ticket, arrest or legally incompatitate said driver for 'driving on a suspended license'?

If this situation were to happen, what could the possible outcomes be? Could the cop legally arrest the driver and for DOSL and impound the car, even though the conundrum exists of that driver possessing both a valid and suspended license at the same time?

Any information or advice regarding this hypothetical situation would be greatly appreciated by a real life driver who is in the process of planning a long road trip to Florida and is merely a curious soul.

Thanks!

-s.

That TX license is not valid.

I'm sure you'll find out (if you don't know already) that willfully "quickly transferring your license" to another state is illegal in that state.

You CANNOT have drivers licenses in two states. Period. You never turned in your FLORIDA license which is a requirement of the "transfer". and they never would have permitted you to do so without paying your fines and stuff.

Did you also quickly change your state of residence, too? Or just snag a license? You have to have been a legal TX resident with proof to get that license, right? Although I suspect TX is probably maybe more loose with the "rules".

My son had the exact same situation. For stupid careless unpaid parking tickets. HE found out his license was suspended after getting pulled over for a moving violation that actually was an UNFAIR stop but still.....(he claims he didn't know). He had to pay reinstatement in FL before getting a PA license (he did not RUSH TO PA to transfer his license, though). Plus a lawyer. Plus court costs. Plus school, obvs. The entire thing snowballed and he lost it for SIX MONTHS (in both states). The only good thing was the judge let him do his license suspension during college summer break. I'll say the entire episode cost a couple grand.

You may or may not have a mess if you visit FL and get pulled over.

Suspended license and transferring to another state.

Both states are members of the Drivers License Compact (DLC) AND the Non Resident Violator Compact (NRVC);

Like the IRS, these things have a way of catching up to you. I recommend you clean it up with Florida. Which is exactly what happened in FL. All you had to do was pay the fines and do the stupid school which is what? An hour of your time?

There are a million traffic lawyers in FL. Contact a couple in your county where you got the tickets and hire one because they have connections in the local courts and get get through the system faster than you can on your own. You may get away with one appearance or no appearances.

What happens if you want to move to a state with no transfer license procedure? If you lie, you'll be committing another offense.

What if you get pulled over in TX NOW? Or lose your license and have to have it replaced?

Pretty sure these are not infallible and not indicative of the whole picture, but check it out:

https://www.nationaldriverregister.com/

https://www.nationaldriverregister.c...ng-record-pdf/

[Sheena1210]

Originally Posted by aridon

If he got stopped anywhere he'd run the risk of going to jail with a warrant but a warrant in another state wouldn't necessarily impact his license in a different one. He might not even have a warrant outstanding either, just depends. He should check though.

This hypothetical person originally from Florida moved to Texas in September 2014, two weeks after the ticket. In early October 2014, she went to a Texas DMV and switched her license from a FL one to a Texas one. The Texas DMV was able to do this with no issues or flags from Florida because not even the initial court appearance date had come to pass, because it had been set for November 2014. So at the time of the license transfer, no judgements or fines, much less a warrant, had been tracked up for the ticket.

Predictably, this driver didn't show up for the court date which led to it ruling against her. By checking online, the driver knew she was supposed to pay a fine and take a driving safety course or her Florida license would be suspended in March 2015. Driver didn't take care of either judgment but was/is still in possession of her legal and valid Texas license, though she lives in Alabama now. As of December 2016 when she last checked Florida court records, there isn't a warrant, though they county Court sent the unpaid fine to a collections agency. At this time, per the official Florida license check online, her Florida license is currently suspended for failure to complete safety course and to non payment of fine, which will have to be paid in addition to a reinstatement fee.

Honestly, the only thing holding me back from fixing this,
is the fact that I don't have the $450 or so necessary to pay the fines at this time. And being that I most likely won't be a Florida resident ever again ((oh to be so lucky)), this bill is at the bottom of my priority to pay list unless I win the lotto. I was just curious as to what legal issues I'd be facing in Florida were I to be pulled over while driving there.

[southy_swfc]

Originally Posted by sheena1210

this hypothetical person originally from florida moved to texas in september 2014, two weeks after the ticket. In early october 2014, she went to a texas dmv and switched her license from a fl one to a texas one. The texas dmv was able to do this with no issues or flags from florida because not even the initial court appearance date had come to pass, because it had been set for november 2014. So at the time of the license transfer, no judgements or fines, much less a warrant, had been tracked up for the ticket.

Predictably, this driver didn't show up for the court date which led to it ruling against her. By checking online, the driver knew she was supposed to pay a fine and take a driving safety course or her florida license would be suspended in march 2015. Driver didn't take care of either judgment but was/is still in possession of her legal and valid texas license, though she lives in alabama now. As of december 2016 when she last checked florida court records, there isn't a warrant, though they county court sent the unpaid fine to a collections agency. At this time, per the official florida license check online, her florida license is currently suspended for failure to complete safety course and to non payment of fine, which will have to be paid in addition to a reinstatement fee.

Honestly, the only thing holding me back from fixing this,
is the fact that i don't have the $450 or so necessary to pay the fines at this time. And being that i most likely won't be a florida resident ever again ((oh to be so lucky)), this bill is at the bottom of my priority to pay list unless i win the lotto. i was just curious as to what legal issues i'd be facing in florida were i to be pulled over while driving there.

:d:d:d