neslo

Long Past Suspend Sentence

5 posts in this topic

Almost 20 years ago an employee of mine received a one year suspended sentence for habitually driving while license was under suspension or for driving with no insurance. His sentence was handed down in a county court. He was subsequently stopped in another Florida County, also for driving without insurance, but the sentencing county was not aware of the incident and no action was taken. The question is this: Is there an expiration period for a suspended sentence or is the individual perpetually subject to the imposition of the original sentence? What triggers the question is this employees need to receive a security clearance for work to be performed at a Federal facility.

 

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1 hour ago, neslo said:

The question is this: Is there an expiration period for a suspended sentence or is the individual perpetually subject to the imposition of the original sentence?

 

I don't really understand the question.  You wrote that, about 20 years ago, this person was convicted in County X for habitually driving while his license was suspended.  Then, at some unstated point thereafter ("subsequently" could mean 19 years ago or it could mean last week), he was stopped in County Y for driving without insurance.  However, apparently, the court in County Y was not aware of the proceedings in County X and, therefore, "no action was taken" (which I assume means that there was no enhancement but that he still was fined for driving without insurance).

 

So...are you asking if it's still possible that County Y might tag him as a habitual offender?  Obviously, that depends in large part on how long ago the County Y incident took place.  However, if his case was fully adjudicated and he paid his fine, that will make it far less likely that anything more will happen.

 

By the way, given this employee's history, if you ever consider allowing him to drive for work-related purposes, you'd better be damn well sure that he currently has a valid license and insurance.

 

 

2 hours ago, neslo said:

What triggers the question is this employees need to receive a security clearance for work to be performed at a Federal facility.

 

Ok....while you didn't mention the type of clearance or facility or what work the employee will be doing, I would seriously doubt that the feds will be terribly concerned with old (presumably), relatively minor traffic issues.

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16 minutes ago, pg1067 said:
18 minutes ago, pg1067 said:

hen, at some unstated point thereafter ("subsequently" could mean 19 years ago or it could mean last week), he was stopped in County Y for driving without insurance.

His "subsequent" citation was within 6 months of the suspended citation.

 

19 minutes ago, pg1067 said:

By the way, given this employee's history, if you ever consider allowing him to drive for work-related purposes, you'd better be damn well sure that he currently has a valid license and insurance.

He is an exemplary employee and driver with valid license.

 

21 minutes ago, pg1067 said:

 However, if his case was fully adjudicated and he paid his fine, that will make it far less likely that anything more will happen.

"Less likely" is of little consolation when a 1-year suspended sentence is at stake. Is there a statutory period of time beyond which a suspended sentence expires?

 

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If he was able to renew his license since the suspension it is likely his driving  privileges are not suspended.  Why don't you ask him to get a copy of his record at DMV?

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40 minutes ago, neslo said:

His "subsequent" citation was within 6 months of the suspended citation.

 

So...everything you described happened 18-20 years ago?  If that's the case, it would be unbelievable that it might come back to bite him now.

 

 

41 minutes ago, neslo said:

"Less likely" is of little consolation when a 1-year suspended sentence is at stake.

 

No one on an internet message board can give you absolute certainty.  Given the facts as you've explained them, "highly unlikely" is about the most anyone here can reasonably give you.

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