Former Florida resident, J.S., received his fourth drunk driving conviction in Georgia in 1999 and got his license permanently revoked by the state of Florida because he already had three DUI convictions in that state . This was in accordance with a Florida Law that states a motorist's privileges must be permanently revoked after a fourth conviction. In response, J.J. and his legal defense team argued that his license could not be revoked because he no longer lived in Florida so the law no longer applied to him.
The 1 st District Court of Appeals, however, ruled that his license could indeed be revoked, as the lower courts had ruled back in 1999. J.J. attempted to get a license in Arkansas, but they refused to renew it once Florida had suspended his driving privileges. Out-of-state convictions are often used to increase penalties for the state in which an individual lives.
Since DUI penalties across the nation are not uniform, matters can become increasingly complicated when trying to determine the punishment that an individual should receive for an out-of-state DUI. For example, a person's state might have convicted him or her of DUI with .05 blood alcohol content, because that is the maximum that a driver can have in that particular state. If that person moves to another state in which the maximum is .08, however, then problems arise if they run into multiple convictions. The same state wouldn't have convicted the individual of the same offense, so many argue that the state shouldn't consider past penalties that were committed out of state for a DUI conviction.
If you are fighting an out-of –state charge, then get in touch with the Law Offices of Richard S. Lawson. Georgia requires that you will face the penalties of Georgia law and the laws of the state in which you live. Our firm can usually handle your case, even if you aren't present. Attorney Lawson has successfully handled more than 4,600 DUI cases so you can rest assured that your case is in good hands.