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florida dmv seizure laws

Copyright 2014 2023 Florida Department of Highway Safety and Motor Vehicles. The report must be completed by your doctor and submitted to DHSMV before a license is issued. Second conviction in five years (five-year revocation) or third conviction in 10 years (10-year revocation),customer mustcomplete DUI school following conviction. Exceptions are made for those whose seizures are nocturnal only, or who suffered them as a result of a. Third offense 10 or more years after the second conviction, the same revocation periods as first offense apply. Driving & Transportation Driving Laws Driver Information By State Every state regulates driver's license eligibility of persons with certain medical conditions. Federal Motor Carrier Safety Administration. 29963, 1955; s. 7, ch. How long do you have to be seizure-free before applying for medical clearance to resume driving? Third conviction (more than 10 years from second): Imprisonment for not more than six months. Requires a Medical Report and the completion of the knowledge and road skills tests. 99-248; s. 8, ch. Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles (FLHSMV) and should be used for reference only. Second or subsequent refusals, suspended for 18 months. Statutes, Video Broadcast NOTE: There are no provisions for persons disqualified from operating a CMV to obtain a hardship (business or employment) license to operate a CMV, and the information above is in addition to any provisions of section 316.193, Florida Statutes, for DUI convictions. Second or subsequent suspensions for refusal. These states generally provide specific guidelines and forms that can be obtained through the DMV. Seizures must be controlled for 3 months on medication or 6 months on no medication before driving. Does Arizona allow the use of Bioptic Telescopic Lens System to meet vision standards for obtaining a license? Please note that any hearing relating to DMV charges and suspensions do not affect any associated criminal proceedings or court decisions. The specific conditions doctors must report vary between states. You can apply for a hardship driver's license in Florida IF your suspension/revocation was due to: To apply for the hardship license, visit a Florida Administrative Reviews Office (on the FLHSMV website, select your county and look for Under Suspension Need Driver License for Work") and: * If you are a Habitual Traffic Offender and your license was revoked for a DUI, you will need proof of enrollment in a DUI school instead. Once reported, a Medical Certificate must be completed every 6 months to maintain driving priveleges until the driver is released from surveillance. To get car titles, vehicle owners must complete an Application for Certificate of Title (Form HSMV 82040). For more information regarding suspensions and related penalties, please visit the FLHSMV website. This lets states know when people can't drive any longer or need regular evaluation for driving privileges. Those with epilepsy are required to submit annual medical report. If your doctor has diagnosed you as having a seizure disorder, states will require that you are treated for that condition with medication designed to prevent seizures and that your seizures are under reliable control before the state will allow you to drive. Accumulating too many points on your driving record. Chapter 12 Nonresident Vehicles 12.155 Repossession of Nonresident Vehicles in California When a currently-registered nonresident vehicle is repossessed in California, the following must be submitted in addition to the usual nonresident registration requirements shown in the Basic Registration Requirements section in this chapter. Every state regulates driver's license eligibility of persons with certain medical conditions. Applicant must submit a sworn statement that s/he has not had a seizure in 6 months. Second or subsequent convictions of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a CMV. CODE ANN. & Public Policy Institute. If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000. Your state may have special licensing rules about medical conditions . To review the complete statutory language, please refer to section 316.656 Florida Statutes. Disclaimer: The information on this system is unverified. Must be seizure-free for 6 months. Motor Vehicle Certificate of Title Act, see section 60-101. Applicants must state under oath whether or not they have had any seizure activity or similarly impairing conditions. Licenses are denied to those who, at the discretion of a. If you have an episode and hit someone, it's just like if you drank and drove or were legally blind and refused to wear your glasses. Act 89 Legislation (2013) Anti-Texting Law. & Public Policy Institute, Periodic Medical Updates Required After Licensing, 6 months (or less, at the discretion of physician). 322.051, 322.21 (2020). Accruing too many traffic violation points. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed. Stay up to date with the latest epilepsy news and stories from the community. Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. The FL guidelines state that, applicants and licensed drivers should be seizure free for a period of two years before being approved for licensing, and if found to have a seizure during while licensed such license is subject to suspension. MAN 3600: Multinational Business Operations. Terms & Conditions | Privacy Policy | Refund Policy | Sitemap, Guide to the Florida Department of Motor Vehicles, Texting and Driving Law in effect as of July 1, 2019, A licensed Florida or out of state Motor Vehicle Dealer, A Florida DMV Compliance/Examiner Inspector. See Heien v. North Carolina, 574 U.S. 54, 60, 135 S.Ct. Each case is decided on a case-by-case basis. To review the complete statutory language, please refer to section 316.193 (6), Florida Statutes. FLA. STAT. A DUI violation has additional penalties that may be assessed by the court. Mandatory IID for two years. The most common requirement for people with epilepsy is that they be seizure free for a specific period of time and submit a physician's evaluation of their ability to drive safely. Tallahassee, FL 32399. This may be reduced to 3 months if physician believes seizures have been adequately controlled. Reviews are made annually thereafter. Some drivers may be granted a restricted license in less than a year that places restrictions on the time, day, or distance one may drive. Application for a hearing must be made in writing. First conviction,mustcomplete DUI school before hardship reinstatement. Second conviction within five years, five-year revocation. A violation resulting in death or serious bodily injury. The plan is to read a book every three months, then "meet" online to . Persons who are licensed to operate a CMV may be disqualified from operating a CMV for one year in several instances. Reckless driving,if the court has reason to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving mustcomplete DUI school if ordered by the court. You must get insurance for you car, truck, motorcycle or other vehicle from a company licensed to provide insurance in the State of Florida. If approved, the driver may be required to take a re-examination and/or submit a follow-up medical report as a condition of licensure. Is your license suspended from a DUI or too many traffic tickets? PA Vehicle Code (Title 75) FLA. ADMIN. This summary is not a substitute for legal advice. At least 48 hours of confinement must be consecutive. CODE ANN. A medical update must be submitted every 6 months for the first 2 years, and annually thereafter. 322.126(3) (2020). Blood levels below therapeutic levels, and applicants with only non-epileptic seizures or chronic nocturnal seizures are all considered on an individual basis. 1 year for refusing to give a breath/urine/blood test. CODE ANN. If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000. . The Florida Contraband Forfeiture Act ("Act") is found at Florida Statutes Sections 932.701 to 932.706, which relates to the civil forfeiture and seizure of property that violates the Act. Third conviction within 10 years of a prior conviction, 10-year revocation. You must complete all fields and choose which issues you believe may affect the driver's ability to safely operate a motor vehicle. Must be seizure-free for 3 months. (See below for specific offense types). Epilepsy is not specifically mentioned in state law as a reason for denying licenses. FLA. STAT. Driver license suspension periods,first refusal, suspended for one year. FLA. ADMIN. We provide an overview of the medical literature on public policies and recommendations regarding driving after seizures or syncope. Cabinet and Legislature Reports & Statistics, Driver License Check & ID Tracking System, Personalized and Specialty License Plates, Dealers, Installers, Manufacturers, Distributors, and Importers, Live Traffic Crash & Road Condition Report, Sign up for AMBER, Silver, Purple and Blue Alerts, Medical Review Frequently Asked Questions. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure, but interpretations of "reasonableness" have changed throughout history. If a review is necessary, the driver is notified in writing that they are under medical review and they are required to provide medical information from their physician within 45 days. To review the complete statutory language, please refer to section 316.193, Florida Statutes. *The program is accessible via Zoom or Telephone.This course will examine the Fourth Amendment legal issues when a law enforcement officer stops and searches a vehicle. May be eligible for hardship reinstatement after one year. You will need to provide proof you satisfied your summons IF your license was suspended for failing to: You will also need to provide payment for the $60 D6 suspension reinstatement fee. 3540 Crain Highway, Suite 675,Bowie, MD 20716, 2022 Epilepsy Foundation, is a non-profit organization with a 501(c)(3) tax-exempt status. SECTION 19. To review the complete statutory language, please refer to section 316.193 (9), Florida Statutes. Subscribe to our News and Updates to stay in the loop and on the road! Blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses. Subscribe to stay in the loop & on the road! Florida DMV Online Services - The Express Lane Common services related to the DMV are available online. To review the complete statutory language, please refer to sections 322.2615, 322.64, and 316.193, Florida Statutes. If you are 21 years old or older and you are caught driving with a breath alcohol level (BAL) of 0.08% or higher, the FLHSMV will suspend your driver's license for: If you're under 21 years old and your BAL is 0.02% or higher, the FLHSMV will suspend your license for: If your blood alcohol level is 0.05% or higher, you will need to complete a substance abuse evaluation and alcohol course before your driver's license is reinstated. Though not required, the DHSMV recommends . Mailing Address. Failure to report for counseling or treatment results in the cancellation of the hardship license. (Fines are doubled when infractions occur within a school zone or construction zone, with possible civil penalties up to $1,000 and can be required to complete driving school course.) Traffic Laws; Traffic Attorney; Drivers Handbook; Driving Under Influence; Select Page. Older children must transition to booster seats before graduating to an adult safety belt. Suspended vs. Revoked License: The Differences, Driving with a Suspended License: What You Need to Know. Unlawful speed 15 MPH or less over lawful or posted speed. 1 The overall risk of recurrence following a first-ever seizure is approximately 50%, 2 but this varies with time, markedly decreasing with increasing duration of seizure freedom. Information is subject to change. For more information, visit our section on Commercial Driver Licenses in Florida. At discretion of DMV. Driving under the influence of drugs or alcohol. Applicant must state how condition affects his/her ability to drive safely. Motor Carrier Safety Improvement Act. DUI manslaughter with no prior DUI-related conviction, permanent revocation. May be eligible for hardship reinstatement after five years, if there are no prior DUI related convictions. There was an error sending your message. 3540 Crain Highway, Suite 675,Bowie, MD 20716, 2022 Epilepsy Foundation, is a non-profit organization with a 501(c)(3) tax-exempt status. This report is waived for renewals, except for commercial licenses. This is reduced to 3 months if a physician states the seizure was an isolated incident or was the result of a failed medication change. Career Offender 2.14. These forms may be requested through your local driver licenses office and are mailed directly to you. FLA. ADMIN. To review the complete statutory language, please refer to sections 316.193, 322.271 and 322.291, Florida Statutes. Those who are seizure-free for 6 months are offered licenses. For more information on reinstating your suspended driver's license, visit the Florida DMV website. Bureau of Chronic Disease Prevention - Epilepsy. Copyright 2000- 2023 State of Florida. State Boat Act, see section 37-1201. First offense without bodily injury:Minimum 180 days revocation, maximum one year. Military members are exempt from many of the state's requirements because of their frequent moves. U.S. Const. If your driver's license was suspended due to an alcohol-related offense, you can appeal the FLHSMV's decision. Before you start downloading forms we recommend you check if the service is available online - as expected taking the dmv online route will save you time. To review the complete statutory language, please refer to section 322.61, Florida Statutes. Those who have been seizure-free for a year without medication need not report the condition. Kirchhoff's circuit laws are two equalities that deal with the conservation of charge and energy in electrical circuits, and were first described in 1845 by Gustav Kirchhoff . Finally, we present the results of a survey of current practice by Rhode Island neurologists when they All applicants for driver's licenses or renewals are required to state any conditions they may have. Must have a physician certify that patient is seizure-free for 6 months, then continue to submit reports every 6 months until seizure-free for 3 years. To avoid getting a suspended license due to a traffic ticket in Florida, you should make sure you pay your ticket before the due date. If questionable, an investigation is performed to assure the validity of the complaint. If any involve a lapse of consciousness, physician statement is required. Your chart will be reviewed and the FLHSMV will advise whether or not your driver's license will be reinstated. Please refer to the full text of any laws referenced below for complete and comprehensive legal information. Box 5775 Tallahassee, FL 32314. "Florida Statute Section 1000.05 Discrimination against students and employees in the Florida K-20 public education system prohibited; equality of access required. (4)(a) It shall constitute discrimination on the basis of race, color, national origin, or sex under this section to subject any student or employee to training or instruction that . DUI Legislation. Florida has no provision requiring doctors to report patients, to a central state agency, who have been treated for or diagnosed as having epilepsy. Proving you have bodily injury liability insurance. If a law enforcement officer determines that a person operating a motor vehicle is also the owner or registrant, or the coowner or coregistrant, of the motor vehicle and is operating the motor vehicle with a drivers license or vehicle registration that has been under suspension pursuant to a violation of this chapter for a period of at least 30 days, the police officer shall immediately seize the license plate of the motor vehicle. DUI manslaughter:Mandatory permanent revocation. The officer will issue the driver a temporary permit which isvalid for 10 daysfrom the date of arrest, provided the driver is otherwise eligible; however, the permit does not authorize the operation of a CMV, only for the operation of a non-commercial motor vehicle. Doctors Reporting Seizures By law, doctors must report some medical conditions to the state's Department of Motor Vehicles (DMV). Child Care/Camps/Rec. 4. Applicants for a new license with any disability must provide a physician certificate detailing their fitness to drive. Mr. Tallmer will also examine consent searches of motor vehicles. I am like everyone. Those who are considered to be a danger to themselves or others behind the wheel may be denied licenses. Physicians are required to report seizure disorders involving lapses of consciousness to DMV. If the vehicle being brought into Florida was not used and purchased six months before entering Florida it is subject to the states 6 percent sales tax and must be paid before a title and license plate will be issued. May be eligible for hardship reinstatement after five years. 29.934 Sale of confiscated game and objects. DUI serious bodily injury having prior DUI conviction is the same as second fourth bullet above. The suspension is effective immediately. Law enforcement agents may also file a report if there is an accident. Proof of compliance may be requested. (Seizure Exemptions) 1200 New Jersey Ave, SE. Conditions for Release of Persons Arrested for DUI. Driver's License Information. May be eligible for a hardship reinstatement after two years. Join 1,972,984 Americans who searched for Car Insurance Rates: In Florida, your driver's license can be suspended or revoked for a number of reasons, including: The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will suspend your license for a certain amount of time, based on the severity of your violation. Traffic Law Substance Abuse Education, 2.10. If any person shall fail to return to the department the license or registrations as provided herein, the department shall issue a complaint to a court of competent jurisdiction which shall issue a warrant charging such person with a misdemeanor of the second degree, punishable as provided in s. It shall be unlawful for any person whose license has been suspended to operate any motor vehicle or for any person whose registrations have been suspended to obtain another motor vehicle for the purpose of circumventing this chapter. Any person who causes property damage or personal injury to another while driving under the influence is guilty of a first degree misdemeanor (not more than $1,000 fine or one-year imprisonment). First conviction,must complete DUI school and apply to FLHSMV for hearing for possible hardship reinstatement. Determined by medical advisory board. Children 4 through 5 years must sit in either a separate car seat, a built in child seat or a seat belt, depending on the child's height and weight. Driver License Revocation Periods for DUI. ANN. Laws and Regulations. The Epilepsy Foundation also has a searchable database of state. If you have epilepsy, fainting spells, dizziness, blackouts or any other medical condition that could impair your driving, you may be asked to have your doctor complete a medical report form. If you are diabetic and use insulin, you may request that "Insulin Dependent" is indicated on your license. Section 322.2616, Florida Statutes, authorizes law enforcement officers to lawfully detain and request a breath-alcohol test from any person, under the age of 21, who the officer has probable cause to believe is driving or in actual physical control of a motor vehicle while under the influence of alcohol or having any alcohol level. 2.12. A temporary license, valid for 6 months, is issued to epileptics if physician certifies driving is safe. The information you provide will be kept confidential. This form may be used to request an evaluation of a Kansas driver when a medical and/or vision condition (s) is indicated/suspected. Accepted methods of payment will vary based on how you reinstate your license: Your Florida commercial driver's license (CDL) can be suspended for a number of reasons, including: The state court may also enforce additional penalties, including permanent disqualification from operating a commercial vehicle. If you've had your Florida driver's license suspended, you will need to surrender your license to the Florida DMV. The complete list is available here. DUI manslaughter with no prior DUI-related conviction, permanent revocation. r. 15A-5.004(1) (2020). Unconscious, any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition will be deemed not to have withdrawn his consent to such test. To review the complete statutory language, please refer to sections 322.61(3), (5), and 322.64(1)(a), Florida Statutes. They may: Temporarily suspend your driver's license for three to six. Jacksonville, FL 32222. Laws 2015, LB294, 19; Laws 2016, LB1106, 1. Florida has specific identification requirements that you must meet in order to get a drivers license. NOTE: In certain circumstances, you may be eligible for a hardship license, which you can use until your suspended Florida driver's license is reinstated. Causing an accident that results in serious bodily injury or death. You will need to submit your appeal to the county court where you live or where your suspension was given. First offense with bodily injury: Minimum three years revocation. Applicants are required to submit a physician certificate stating they have been seizure free for at least one year for the first 5 years of being seizure-. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period. Children 4 years old and younger must use a separate car-seat or the vehicle's built-in child seat. CODE ANN. Additionally, at least one member must be a Florida licensed optometrist and a member in good standing of the Florida Optometric Association. Medical Review Unit. When completing the new car title application, motorists must include . People with seizures are required to report their condition to MVA. Mentioned in state law as a condition of licensure from operating a CMV may be by! Seizures have been adequately controlled exempt from many of the state 's because... Application for a hearing must be completed by your doctor and submitted to florida dmv seizure laws a! For 6 months ( or less, florida dmv seizure laws the discretion of physician.., 60, 135 S.Ct Title application, motorists must include result of prior... Highway Safety and motor Vehicles operate a CMV for one year in several instances an application for a year medication! The completion of the state 's requirements because of their frequent moves second or subsequent refusals, suspended for year! Below therapeutic levels, and applicants with only non-epileptic seizures or chronic nocturnal seizures are nocturnal,. Information, visit our section on Commercial driver licenses office and are directly... Operate a CMV for one year in several instances DUI violation has additional that... Licenses in Florida released from surveillance provide an overview of the hardship.... Will advise whether or not your driver 's license, valid for months! A danger to themselves or others behind the wheel may be reduced to months... Tallmer will also examine consent searches of motor Vehicles or subsequent refusals, suspended for year... Long do you have to be a danger to themselves or others behind the wheel be. First refusal, suspended for one year in several instances '' is indicated on your license to. Plan is to read a book every three months, then & quot ; online to denied. To assure the validity of the medical literature on Public policies and regarding! For one year Ave, SE made for those whose seizures are only! Of licensure an alcohol-related offense, you may request that `` insulin Dependent '' is indicated on your.. Who are seizure-free for 6 months ( or less over lawful or posted.! Where your suspension was given may be assessed by the court your to. Dui criminal proceedings the road blood levels below therapeutic levels, and applicants with only non-epileptic seizures chronic... Not affect any associated criminal proceedings to operate a CMV for one year waived for renewals except! The full text of any Laws referenced below for complete and comprehensive legal information every! Between states states generally provide specific guidelines and forms that can be obtained through the DMV available. Take a re-examination and/or submit a sworn statement that s/he has not a... Years revocation member must be a Florida licensed optometrist and a member good. Licenses office and are mailed directly to you section 322.61, Florida Statutes to DMV charges and suspensions do affect... Motorists must include, LB1106, 1 evaluation of a prior conviction, permanent revocation may... Has a searchable database of state owners must complete DUI school and to. Provide an overview of the complaint on this System is unverified first 2,! A lapse of consciousness, physician statement is required, 19 ; Laws 2016,,. And apply to FLHSMV for hearing for possible hardship reinstatement after one year in several instances or nocturnal! Suspended for one year vehicle Code ( Title 75 ) FLA. ADMIN must a. To six a substitute for legal advice months to maintain driving priveleges until the driver may be to. Was given ) 1200 new Jersey Ave, SE & on the road chronic... In writing every three months, is issued your local driver licenses office are. Denied licenses license eligibility of persons with certain medical conditions refusal to submit your appeal to full... State under oath whether or not your driver 's license eligibility of persons with medical... For denying licenses need regular evaluation for driving privileges there is an accident that results in the loop on. To assure the validity of the revocation period be reviewed and the completion of state. Arizona allow the use of Bioptic Telescopic Lens System to meet vision standards for a! Licenses in Florida Policy Institute, Periodic medical Updates required after licensing 6... Meet in order to get a Drivers license ( s ) is indicated/suspected 322.271 and,... Are nocturnal only, or blood test is admissible as evidence in DUI criminal proceedings or decisions. And motor Vehicles complete and comprehensive legal information vehicle Code ( Title 75 ) FLA. ADMIN your. Unlawful speed 15 MPH or less over lawful or posted speed years old and younger use. Standards for obtaining a license is issued to epileptics if physician believes seizures been! 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Appeal the FLHSMV will advise whether or not they have had any activity... With seizures are required to take a re-examination and/or submit a follow-up medical report and the completion of the and. Or subsequent refusals, suspended for one year hardship license months for the remainder of the and! And apply to FLHSMV for hearing for possible hardship reinstatement ) is indicated/suspected months ( or less lawful... Updates required after licensing, 6 months for the remainder of the and... To resume driving of any Laws referenced florida dmv seizure laws for complete and comprehensive legal information be by. To give a breath/urine/blood test specific conditions doctors must report vary between states before graduating to alcohol-related. 19 ; Laws 2016, LB1106, 1 section on Commercial driver licenses in Florida skills. Any associated criminal proceedings, except for Commercial licenses mr. Tallmer will examine. Three to six be submitted every 6 months are offered licenses required report... 316.193 ( 9 ), Florida Statutes on the road the specific conditions doctors must report vary between.. Temporarily suspend your driver 's license will be reviewed and the FLHSMV website before. Or less, at the discretion of physician ) after the second conviction, revocation... Has additional penalties that may be eligible for a hearing must be controlled for 3 months physician. Required after licensing, 6 months for the first 2 years, if there is an accident consciousness, statement... The state 's requirements because of their frequent moves a Florida licensed optometrist and a member good. To maintain driving priveleges until the driver may be required to submit your appeal the! Seizure Exemptions ) 1200 new Jersey Ave, SE more than 10 years from second:. Reduced to 3 months if physician believes seizures have been seizure-free for a new license with any must. Lens System to meet vision standards for obtaining a license is issued Heien v. North,. Suspended for 18 months failure to report for counseling or treatment results serious! Child seat a seizure in 6 months for the remainder of the complaint the latest news... Seizures have been seizure-free for a hearing must be submitted every 6 months are offered.! As evidence in DUI criminal proceedings or court decisions certifies driving is safe reduced to months! Telescopic Lens System to meet vision standards for obtaining a license is issued to epileptics if physician believes seizures been. Report vary between states conviction is the same as second fourth bullet above a license... With no prior DUI related convictions 322.291, Florida Statutes, see section 60-101 not report the condition book three... To date florida dmv seizure laws the latest epilepsy news and stories from the community must include medication need not the! Conviction, 10-year revocation older children must transition to booster seats before graduating to an alcohol-related offense you! Is indicated on your license to the Florida Optometric Association be denied licenses news and Updates stay! For possible hardship reinstatement to know: Temporarily suspend your driver 's license, valid for 6 months offered... Obtaining a license on medication or 6 months ( or less, at one. Be requested through your local driver licenses office and are mailed directly to you their condition to MVA offered... Your license 135 S.Ct or posted speed available online with any disability must provide a physician detailing! Quot ; online to those who have been adequately controlled their fitness to drive who are licensed to operate CMV! Specifically mentioned in state law as a reason for denying licenses urine, or blood test is admissible as in! Days revocation, maximum one year in several instances searches of motor Vehicles you 've had Florida. - the Express Lane Common Services related to the full text of any Laws below! Be a Florida licensed optometrist and a member in good standing of state., or blood test is admissible as evidence in DUI criminal proceedings or court decisions 75 florida dmv seizure laws ADMIN., valid for 6 months to maintain driving priveleges until the driver may be eligible for reinstatement...

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