Q: 37 yrs ago my husband had a dui in pensacola florida went to court $1000 fine he paid and 100 days community service
the community service started in 3 weeks and navy relocated him to california two weeks later. He told judge this and he said well dont ever come back to florida or you'll be arrested. California gave him a license and so did illinois where we live now. Now illinois wont reissue his driver license until this is cleared up. out of the blue 37 yrs later. what should we do? clean driving record since no more dui or any tickets
A:
Yes the problem pointer driver system finally caught up with him. It is designed to prevent people who have an open DUI in one state from getting a license in another.
He will need to have an administrative hearing with the Illinois Secretary of State. Since he lives out of state, he can do this in person or through the mail. With the secretary state being closed until at least June 1 and probably later, his best play would be to submit an out-of-state packet. presently.
If he needs an evaluation (he may not)now would be the time to do it because it can be done remotely using an Illinois agency rather than trying to deal with an out-of-state agency that won’t understand the Secretary of State process. I do have concerns about the fact that he has an outstanding warrant. That may or may not create a roadblock with Illinois depending upon how it shows up on PDPS.
Juan Ooink agrees with this answer
A: Just to clarify, if he had an Illinois license at the time of the DUI (and there is a revocation on his Illinois record), I concur with Mr. Harvatin's answer. However, if he obtained a license in Illinois subsequent to the DUI and they are refusing to renew his Illinois license, the issue will have to be resolved in Florida not with the Illinois Secretary of State. You should contact an attorney in Florida to assist.
Juan Ooink agrees with this answer
A:
It is unclear from your questions whether the hold is in Illinois of Florida. I suggest that you call the Illinois DMV at 217-782-7065, give his Illinois drivers license number and ask what the hold is about and where it is from. Beware, they are closed now due to COVID and it may take awhile for them to answer. If the hold is from Florida or another state the PDPS- Problem Driver Pointer System- stopped him due to a DUI revocation in one state from getting one in another state. If it is from Florida then you have to deal with them to lift the hold and contact an attorney there to have it removed
If it is an Illinois hold, he needs to have a Administrative Hearing with the Illinois Secretary of State. Because he lives out of state it will likely be done through the mail with an Out of State Packet.
Juan Ooink agrees with this answer
A: Read your question very closely, your husband will have to resolve his issues in Florida before he can get a license renewed her in Illinois. He needs to hire an attorney licensed in Florida to assist him.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
