QUESTION
Can I appeal since my DUI case was dismissed but my license remained suspended?
Asked on Aug 30th, 2013 on DUI/DWI - Michigan
More details to this question:
My driving under the influence case was dismissed but my license remained suspended. I took the breathing test for 3 times and there was no result. They told me I couldn’t appeal because I missed the timeframe which I was never informed of.
6 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to go to court and try to get the suspension overturned. You should retain an attorney.
Answered on Oct 07th, 2013 at 5:32 AM
James Edward Smith
The suspension is a civil case you can appear to according the the time limit for appeal. However the fact that your criminal case was dismissed is irrelevant to the civil case.
Answered on Sep 10th, 2013 at 4:33 PM
No. Chances are you were suspended administratively when you failed to make a timely request for a hearing after receiving proper notice. Since there was no administrative hearing, there is no decision to be appealed.
Answered on Sep 10th, 2013 at 4:33 PM
They're right. You should have hired a lawyer within 10 days of arrest to save your license.
Answered on Sep 10th, 2013 at 4:33 PM
Michael J. Breczinski
If you were never given a notice of the right to appeal then you should be able to go to court and try to get that overturned.
Answered on Sep 10th, 2013 at 4:32 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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You need to hire an attorney that knows what to do in these cases. You have a right to file in circuit court for appeal of the secretary of state's administrative denial. You are entitled to a remand to the DAAD for a hearing on your issues. This is not inexpensive. But your goal will be to get another chance to restore your driving privileges earlier than what you've been told. If you are located in Michigan you need to call my office & leave a message reminding me that you are from law Q &A Your call will be returned within 12 hours.
Answered on Sep 10th, 2013 at 4:32 PM