Part 2: Hearing to Re-instate Driver's License

[gatorguy3]

Please, anyone who is in Florida or knows Florida law, I need help on this one.

I have a hearing the end of this week to have my license re-instated. Because back child support was the reason for the suspension, I am sure this will be discussed.

Last hearing I had was during the last part of 2004. That was the last hearing where I had an attorney. I parted ways with him shortly thereafter. I did not physically appear at that hearing due, in part, to the distance from where I lived (about 140 miles across the state) and the fact I had no money for transportation, nor did I have transportation. The other fact is my attorney would not be there physically as he had other hearings that day in the town we were. So, he requested that appear telephonically. I appeared in his office, telephonically with him.

The hearing officer (not a judge and not a general master) immediately found me in contempt and said she would issue a Writ of Bodily Attachment for my arrest. She also stated there would be a $500 purge required within 30 days, and then $2000 shortly thereafter. She stated that the $2000 was because " I (she) want to see just how badly your friends want to help keep you out of jail." I explained to her I did not have the money or otherwise.

Following the hearing...my attorney filed a Motion to Vacate all recommendations by the Hearing Officer. The hearing officer even went so far as to accuse my attorney of coaxing me of what to answer when the hearing officer questioned me.

The Motion to Vacate was denied however, I had not heard anything more about the hearing and the recommendations. I was not informed of the purges thereafter or otherwise.

Can someone tell me please???

1. If the $2000 purge is outstanding, is there any way around it during this hearing? Or will they just arrest me on the spot?

Any other recommendations will be much appreciated.

QUOTE=gatorguy3]Please, anyone who is in Florida or knows Florida law, I need help on this one.

>>there should be a statute about when arrests can be made and one time they CAN NOT be made is going to, while your at, and going home from court (at least thats so here) i will look for you in fl statutes to try and find something on this tonight will post and pm you with results good luck man.

I have a hearing the end of this week to have my license re-instated. Because back child support was the reason for the suspension, I am sure this will be discussed.

Last hearing I had was during the last part of 2004. That was the last hearing where I had an attorney. I parted ways with him shortly thereafter. I did not physically appear at that hearing due, in part, to the distance from where I lived (about 140 miles across the state) and the fact I had no money for transportation, nor did I have transportation. The other fact is my attorney would not be there physically as he had other hearings that day in the town we were. So, he requested that appear telephonically. I appeared in his office, telephonically with him.

>>was this a written motion? if not can you get an affidavit from the att stating you appeared in his office telephonically with him? hes a wittness and that would negate the comtempt. and did she say if that was civil or crimanal contempt? not being silly here but where is her power to issue contempt charges? i mean can she do that?

The hearing officer (not a judge and not a general master) immediately found me in contempt and said she would issue a Writ of Bodily Attachment for my arrest.

>>if she did surely you would have heard something by now, have you checked to see if you have a warrant of arrest? better yet have a firend do it for you.

She also stated there would be a $500 purge required within 30 days, and then $2000 shortly thereafter. She stated that the $2000 was because " I (she) want to see just how badly your friends want to help keep you out of jail."

>>>shows predjudice on her part against you. i know there is something we can do with that statement yall somebody jump in here.

I explained to her I did not have the money or otherwise.

Following the hearing...my attorney filed a Motion to Vacate all recommendations by the Hearing Officer. The hearing officer even went so far as to accuse my attorney of coaxing me of what to answer when the hearing officer questioned me.

>>c this b is trippin..

The Motion to Vacate was denied however, I had not heard anything more about the hearing and the recommendations. I was not informed of the purges thereafter or otherwise.

Can someone tell me please???

1. If the $2000 purge is outstanding, is there any way around it during this hearing? Or will they just arrest me on the spot?

Any other recommendations will be much appreciated.[/quote]

[gatorguy3]

thanks for the quick reply. I appreciate the help. I will look for your answers tomorrow.

One more note, in the Motion to Vacate the Recommendation by the Hearing Officer, my attorney put verbage about the writ and all. The judge denied the motion to vacate but I never heard anything else about that all.

Well, I say the judge denied it...the only documentation I got on the denial has the judge's name stamped on the signature line with the /s/ in front of his name. Do I have to accept these types of documentation? I mean, anybody could have stamped this order with his stamp.

sorry its 1am my time an no luck yet. i dont know if you can do this but it beats a blank...If found guilty, askhow much time you have between conviction and sentencin so you can file an arrest of judgement.


If arrest of judgment is denied, the they will ask you if there is somethin else
prior to sentencing (or something like that) this is the time for allocution.

Notice of appeal and request for stay of execution pending appeal
(within 30 days)

Important get a copy of the transcript either tape recording or from the
court reporter, this is required for the appeal process-if you (can) want to
win the appeal!!!!! i mean if you to a transcript you can show prejudice an all sortsa **** on her. ima take a brake and come back an look some more.

go here for the statute

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0322/SEC245.HTM&Title=->2005->Ch0322->Section%20245#0322.245

if that looks like what their talkin bout i would look to the ppl here that understand BoE's dood i looked up ever combonation of words in your post and came up with squat! sorry your g/m hearin officer powers an duties everythin i could think of. and teh hearin officer has only to present it to the judge an its own an crackin...ya heard! the only thin in your favor as of riot now is she has to give the contempt order to the judge instanter to effect the arrest. i would do a motion to do that **** by fone again meantime git wit the att an get a copy of his motion to do it by fone or his affidavit thereof. reasons list as many as you can think ov. did u sign ur d/l with an open signature? if not u may hav some protectio there. hell if u kaint attack the process attack the person...look up foreign agents registration it applies to lawyers judges i ate all my ice cream im goin to sleep now ill look again today. pm me with more details abut the case ok

get the EXACT statute they are comin at you wit and find the REGULATION that palmigates that statute. they must follow the every bit of the regulation as well as the statute. im still lookin through old notes an motions for that statute about not being arrested, should have it for you soon *i hope* also a hearing officer cant do the arrest warrant neither can a admin judge it must be the one above the admin judge to sware out a warrant. at least thats what i git form what i have read.

thats it for now man later i need some sleep

[gatorguy3]

that may be so...but if the Writ is active...they can have me arrested on the spot. That is what a Writ of Bodily Attachment does.