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How is this not double jeopardy?

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posted on Sep, 27 2010 @ 12:47 PM
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I have a legal issue where I just got slapped with double jeopardy. I was pulled over in Gainesville, Florida in October of 2008 after a football game and arrested for a suspicion of a DUI, my driver's license was suspended for 6 months and a completed the necessary steps to get my license reinstated. Last week that case finally went to court where I plead out(almost two years after the incident) and I just found out my license has been suspended again for the same offense. I contacted the Driver's license bureau and they told it is not double jeopardy because one was administrative and the other was through the court system, which I find unacceptable. Not only is my license suspended, I can not get a hardship because I had to sell my car to help pay for the fines, no car no license. I've been unemployed for what seems like an eternity and this has made my quest to find work almost impossible.

Please do not post to chastise me for drinking and driving, I have paid way more than most for a first time offense. I am looking for sound legal advice on how to get my license back.



posted on Sep, 27 2010 @ 01:12 PM
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While I'm sure it feels like double jeopardy, it technically isn't because in order for it to be double jeopardy you would have had to be found guilty of a crime after already being found not guilty. I'm not familiar with Florida laws but in NY if you get stopped for DUI the police can take your license on the spot depending on the severity of your impairment or number of previous DUI offences. Once you go to trial the judge then decides if you should have your privilege further suspended, revoked or the possibility of a conditional license. Sounds like you had a #ty attorney man.



posted on Sep, 27 2010 @ 01:18 PM
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I can't offer any legal advice but I can say it doesn't sound right. What happened to a fair and speedy trial? The courts are messed up.
I'm sure it's all legal with some gibberish explanation. Maybe you should request some personal lubricant.



posted on Sep, 27 2010 @ 01:19 PM
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you're screwed. unless you pay thousands of dollars to fight the next 3-5 years in the legal system, it's almost impossible to get those boneheads at the dmv to do anything. they just don't care and will keep passing the buck off to an endless line of supervisors and managers, quoting regulations along the way. your best bet is to try and see if your local news channel will cover the story, embarrassing them seems to be the only way to get action. but don't expect any sympathy for a dui, n.america has managed to get dui offenders labeled as the worst scum on the earth since hitler. the dmv is like the mafia, they hate public exposure, especially on one of the governments most corrupt and lucrative rackets.


edit on 27-9-2010 by randomname because: (no reason given)



posted on Sep, 27 2010 @ 01:26 PM
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I waived my right to a speedy trial. So far it has cost me about $10,000 plus NJP in the Navy plus an early separation from the Navy with a general thus loosing my GI bill. Now it has cost me employment opportunities, I had two options for work that I can't do now because I no longer have a valid drivers license. Even when the suspension is up I will not be able to get it reinstated without a vehicle which I will not be able to afford.



posted on Sep, 27 2010 @ 08:05 PM
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reply to post by jrod
 


Dude, I feel you. I definately agree that these kinds of admin/crim distinctions violate the spirit of what our founders would call double jeopardy. But from a legal perspective, I assure you, you're SOL.

Its not double jeopardy because the first action was not punishment for a crime. When you signed up for your license you probably agreed to numerous administrative rules, etc including loss of the license if you get involved in this crap. and if you didn't expressly agree, guess what? driving with the license probably legally counts as your agreement. A license is a privledge, not property, so depriving you of it does not invoke equal protection.

I, personally feel the growth of the administrative state to the level it has reached violates the constitution in so many ways its unimaginable. These types of double 'punishments' are common, as well as endless administrative gauntlets for people who have committed no crime but must jump through the necessary loop-holes inorder to see their day in court.

These are just two examples. The administrative state is all executive, but it performs quasi legislative and judicial powers everyday of every week of every month of every year. Welcome to the modern nation my friend. It sucks and its almost unrecognizable from the view point of the civics we're taught in secondary education.

My legal education has done more to scare the bajeezus out of me then it has to instill respect for the system as it stands today.


edit on 27-9-2010 by snusfanatic because: edit




edit on 27-9-2010 by snusfanatic because: edit2




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