Question: Why did I receive a letter from FLHSMV that my license will be suspended if I fail to complete a 4-hour Basic Driver Improvement Course?
Did you receive a letter from Florida Highway Safety and Motor Vehicles (FLHSMV) that states:
This document serves as official notification from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) that your driving privilege will be cancelled indefinitely effective X, 202X, at 12.01 a.m. because the FLHSMV’s records indicate you have a violation of [citation]; therefore, you are required to complete a 4-hour Basic Driver Improvement Course approved by the FLHSMV per section 322.0261, Florida Statutes.
Why did you receive this letter? In Florida, if you are required to complete a Basic Driver Improvement Course (BDI) and you fail to complete the course within 90 days of receiving notice from FLHSMV, your driving privilege will be suspended until you complete the required course.
Why do I have to complete a Basic Driver Improvement Course? If you entered a plea or were convicted of certain driving tickets or crimes, then the FLHSMV will automatically send you, the driver, to driving school. This is under Fla. Stat. 322.0261(4)(a), which states:
The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
What infractions or offenses does the FLHSMV require a Basic Driver Improvement Course? The FLHSMV imposes a requirement to complete a Basic Driver Improvement Course for convictions of the following infractions or offenses:
- Fail to Obey Traffic Control Signal, 316.074(1)
- Fail to Obey Traffic Control Device, 316.074(1)
- Fail to Obey Traffic Control Sign, 316.074(1)
- Failed to Stop at Traffic Signal/Red Light, 316.074(1)
- Fail to Obey Traffic Control Signal Devices, 316.075(1)(c)1
- Citation issued for passing a stopped school bus, 316.172
- Racing on Highway, 316.191
- Reckless driving, 316.192
What can you do? Under Florida Rules of Traffic Court Rule 6.490, an attorney may be able to file a motion for a reduction of penalty to prevent a conviction, points, and driving school. The rule states “An official may reduce a legal penalty within 60 days after its imposition, or thereafter with good cause shown.”
Contact Me: Defender Donahue Law PLLC represents clients that want to remove a Basic Driver Improvement Course requirement from their traffic record for offenses that occurred in Palm Beach County, Broward County, and Miami-Dade County. Contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case and the possibility of clearing your points and record. To schedule a free and confidential consultation about your case, call my cell phone (561) 888-0113, send me an email PCDEsq@gmail.com, or use my Contact Form.