Extenuating circumstances during a family emergency placed a 50 year old Sarasota resident in the position of violating the terms of his probation by driving while his license was suspended. The man was placed on one year probation after being convicted of Driving Under the Influence (DUI), in Pinellas County. The DUI conviction resulted in the suspension of his license. He was approved for a hardship license by the DMV on a Friday, and made several attempts to obtain his license. Upon his arrival at the DMV, he was told the computer system was down statewide and to try back later. He came back two more times that day and was told the system was still down.
The following day, the man's son was in a motorcycle accident and treated in the emergency room. The man and his wife brought their son home and he was in need of supplies and medication from the drug store. The couple drove just a few blocks away to a local Walgreen's Drug Store. The wife developed a severe migraine and was unable to drive back. The man decided he would drive their car home, even though he was not in possession of a valid driver's license. Just one block from their apartment he was pulled over by the police and cited for Driving While License Suspended (DWLS), Fla. Statute 322.34. This action resulted in the man being charged with Violation of Probation (VOP) and a warrant was issued for his arrest.
The willful violation of probation is a serious offense and violators may face mandatory incarceration. Musca Law provides experienced defense counsel to people who have been arrested for violation of their probation in the Tampa area. Our aggressive Tampa criminal defense team was able to achieve successful results for our client.
Two days after the DWLS charge, our client received his hardship license from the DMV. Our criminal defense attorneys obtained a letter from the DMV, apologizing for the computer problems that delayed our client's license from being issued in a timely fashion. Through negotiations with the State Attorney's Office in Sarasota, our attorneys were able to get the DWLS charge dismissed. We communicated extensively with our client's Probation Officer in Pinellas County and the Court, successfully convincing the Court to withdraw the Violation of Probation and warrant for our client's arrest.
