Expert: Robin Sexton - 7/28/2009

Question
I received a DWI in 2001 in California and was to aper in court. The company I worked for and rescinded in was in Texas. They refuse to allow me to leave a field project to let me attend court so I called the court and explained their response was for me to come as soon as I could. I never got their nor was I able to get proper representation via a lawyer the cost exceeded on demand upfront more then I could have ever afforded. The ticket was my first in over 20 years and was filed under my fathers name not mine, but my social security number was used. how that happened I do not know. I tried to talk to the district tourney but they refuse to talk to me. I hired an tourney back in Texas that was board certified in Calif but he ran off with many clients retainers and can not be found. He also ran off with all my paperwork which he was going to make a copy of. Now I live in Florida and have a problem getting a Florida drivers license. ?? what can be done.

Answer
Robert,

You are in a very difficult situation.  Basically it boils down to two paths.  First you can try to respond to the charges in California and get those cleared up. That would entail hiring an attorney to review the case and then act on their advise.  It could potentially, due to the time lag, end in a dismissal of the case.
Second is to fight the denial of license in Florida.  Since you were not convicted of the offense in California it should not be used against you in Florida.  However i am not an expert in Florida law or administrative procedure.  You need to find out specifically why Florida is denying you the license and under what rule or authority.  You can then contact a Florida attorney and take their advise.
I am surprised about the Texas attorney, you should check on that further.  The opportunity for police officer's to arrest an attorney is usually not passed up on.

Hope this helps

robin