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Law Blog

HOW TO GET A HARDSHIP DRIVERS LICENSE IN FLORIDA

November 23, 2022 by Web Team

HOW TO GET A HARDSHIP DRIVERS LICENSE IN FLORIDA AFTER A DUI CHARGE

When you are charged with a DUI in Florida, you’ll receive a driver’s license suspension for a specific time. However, you can get a hardship license in Florida with the help of an attorney like Joe Knape.

Joe Knape is an experienced criminal defense attorney located in downtown Orlando. He has helped countless people reclaim their suspended licenses and obtain a Florida hardship license allowing them to get back to work.

Get your driving privileges back. Call us today!

HARDSHIP LICENSE FACTS IN ORLANDO

If you carry a Florida driver’s license and are pulled over with the suspicion of driving a motor vehicle while under the influence, you are subject to Florida’s implied consent laws. Once the police officer believes there to be probable cause for a DUI arrest, he will administer a Florida Department of Law Enforcement (FDLE) approved breath test.

This breath test is typically done at the police station or county jail; however, the police office may have a portable breathalyzer. The breathalyzer results determine whether the Florida Department of Highway Safety and Motor Vehicles (DHSMV) office will suspend your driving privileges.

There are likely at least three (3) possible outcomes on the night of the DUI arrest.

  1. You blow zero (.00) or under .08. There will be no administrative license suspension time or suspended license unless the arresting officer believes the impaired driving to be caused by drugs, and then implied consent for a urine screen is read and applied.
  2. You blow above .08. This will cause the DHSMV’s administrative review office to suspend your driver’s license for six months. You can challenge the suspended license within ten days of the test by making a formal request to the DHSMV office for a hearing officer to review the arrest and test. If the request is made, the driver is eligible for a temporary Florida hardship license, pending administrative review. This temporary hardship license has limited driving privileges, is restricted for business purposes only, and is typically valid for 30-42 days. You should also know that if you choose to blow over the .15 threshold, you will be subjected to greater court-imposed penalties, including having a breathalyzer installed in the car when you get your driver’s license reinstated.
  3. The third outcome is to refuse the breathalyzer. Suppose you don’t blow or provide a valid sample; the DHSMV considers this a refusal. A special provision of implied consent is read at the breath test center, providing that should you refuse to blow, your driver’s license is suspended for one (1) year. The same request can be made for administrative review by a hearing officer for the driving license suspension to see if you are eligible for a hardship license for the first 30 to 45 days. Still, if the driving license suspension is upheld following the hardship hearing, the one-year license suspension goes into effect.

SECOND REFUSAL & HOW THAT EFFECTS YOUR HARDSHIP LICENSE

According to Florida law, a second refusal could result in a separate misdemeanor charge and maximum punishment of up to 1 year in jail. If you refused the breath test once before, you need to be aware of the consequence of a second refusal and that you will likely not receive a hardship license.

HOW TO GET A HARDSHIP LICENSE IN FLORIDA WITH AN ATTORNEY

Attorney Joe Knape

If you got your license suspended, it’s not entirely a “hard” license suspension as you are eligible for a hardship license after 30 days with a blow over .08 and after 90 days for a refusal, and proof of enrollment in DUI school taking a DUI course (or a Florida ADI course (advanced driver improvement course) if court ordered).

For first offenders, it is typically a straightforward hardship hearing explaining that you have served a license suspension period, have not driven, and have taken the steps necessary to reinstate your license. There is a cost, possibly a license fee and filing fee, but to apply for a hardship license in Florida is better than not having a driver’s license.

Contact attorney Joseph Knape today to begin the process of obtaining a hardship license so you can drive legally again.

Filed Under: Law Blog

Orlando Child Support Attorney

August 18, 2015 by iqmcontent


Orlando Child Support Attorney : Will I Have To Pay Child Support?

In any divorce case that involves the custody of children, their welfare takes paramount importance in the courtrooms of family law. In this week’s article,  Orlando Child Support Attorney  Joe Knape can help you to understand the role of child support, and for how much you can expect to be liable. The big question in clients’ minds is “will I have to pay child support?” 

How much does it cost to raise a child? Orlando Child Support

If you have a child already, you probably have this number on the tip of your tongue—either that, or you simply shudder to think of all of the bills that needed to be paid.

Extra food, extra clothing, lots of washing, medical and dental bills, school supplies, toys and books… then cars, gas, and insurance, college payments, and much more. The costs just keep adding up.

Many married couples struggle with the financial and logistical challenges of raising their children. The challenge only doubles when a parent is faced with the difficulties of maintaining a good life for their children after a divorce.

When you think about the costs of raising a child, it only makes sense that, if you have children from your marriage, you probably have to pay child support.

The courts prioritize the wellbeing of the children of a divorcing couple, and so they have determined that regardless of most circumstances, children have the right to be supported by both parents.

Family law cases—particularly contentious cases with young children involved– demands close attention to the appropriate division of financial child support in the marital settlement agreement. Though both parents must support the children, the payments are determined by the comparative incomes and expenses incurred by each person, and allocated appropriate to their legal earning capacity.

Factors the court considers in allocating child support payments

When child support is an issue in a court case, the divorcing parents must file and exchange financial affidavits verifying their individual income and expenses, and complete a Child Support Guidelines Worksheet. The courts estimate the monthly costs that would be spent on the children if the family were still united. After determining the total, the payments are then divided between the parents based on their respective incomes and other parental factors, including:

  • How many overnights will each parent have the children? If the parent who is not granted primary custody of the children still has more than 40% of the overnights in a year with the child, then that parent’s financial obligation is usually reduced.
  • Day care expenses
  • Provision of medical and dental insurance
  • Uninsured medical payments

In the eyes of the court, your income includes everything from regular wages to commissions, bonuses, alimony, interest-based income streams, worker’s compensation, and pension or retirement benefits.

The court will, however, deduct certain expenses in determining the child support payments:

  • Income tax payments
  • Health insurance premiums
  • Mandatory union dues
  • Retirement, Social Security, and Medicare payments
  • Alimony
  • Court-ordered child support payments from other relationships.

If you need clarification, ask Joe Knape, Orlando Child Support Attorney, for help with your case.

Orlando Child Support Attorney

When some couples go through the process of assessing child support and child custody arrangements, the concern arises that the child support payments will be misused. They worry that child support is really just a form of alimony—that they will still be supporting the person they are divorcing.

While there is no way to specify exactly how the money is spent, child support payments are paid for the care and lifestyle of the children. This may include anything from groceries, rent, and utilities to clothing, school supplies, and daycare. You can’t guarantee that the money won’t assist your ex-spouse, but it is your legal obligation to provide monetary support for your children, even if you don’t have custody.

If you are concerned about the well-being of your children and whether your child support payments are actually used to benefit them, talk to an Orlando Child Support Attorney and ask them about your options for pursuing more accountability or a different custody arrangement.

 

Filed Under: Law Blog

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