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21 Apr 2016

Administrative Option Dodges DUI Bullet

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Gustof Nesmith (not his real name) was cited for driving without a valid license on 10/4/15. The charge was actually a “gift”, because Nesmith’s license was suspended on account of a long ago New Jersey DUI conviction. Nesmith had been jailed by St. Lucie County Judge Yacucci for the same offense about a year earlier. He retained  Saint Lucie County Dui Defense  Lawyer Jeffrey H. Garland on 10/19/15 to seek a solution.

Saint Lucie County Dui Defense Lawyer Garland identified the root of the problem as an unserved DUI jail term in New Jersey. Garland convinced Nesmith that he should return to New Jersey to resolve that problem which was causing an indefinite “D-6″ suspension of his driving privilege throughout the Country. Nesmith agreed.

Nesmith was warmly received by New Jersey following his voluntary return after so many years. His New Jersey attorney was able to reduce the sentence to about 60 days.

While Nesmith was indisposed by service of his New Jersey jail term, Saint Lucie County Criminal Defense Lawyer Garland secured a pair of continuances by showing proof of active efforts to “clear” his driver license. Nesmith returned to Florida, secured a valid Florida license, and showed it to Judge Yacucci. The valid license resulted in only a fine with no jail or probation.

Just before his new Florida license was obtained, Nesmith was charged yet again with driving without a valid license. The prosecutor was looking for jail.

Fortunately, Nesmith followed Saint Lucie Dui Attorney Garland’s instructions. He went to the Clerk’s office, showed his valid license, and exercised the “administrative option”. The exercise of the administrative option ended the case with a withhold of adjudication and court costs. There was no fine, no jail and no probation. Nesmith was “street legal” with a valid driver license.

Conclusion

Nesmith was on a course of driving self-destruction. He would drive despite not having a license. Attorney Garland advised Nesmith of the only long-term solution: Clear the cause of the D-6 suspension, and get a valid DL.

Nesmith was able to avoid a certain jail term by exercising the administrative option which is available for resolving several criminal traffic problems. In this case. Nesmith dodged legal bullets twice.

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