QUESTION

Was the DMV hearing reasonable?

Asked on Aug 14th, 2013 on DUI/DWI - Washington
More details to this question:
I got convicted of a DWI on Jan 02, 2013 and plead guilty in court on the 10th. I went through all the necessary actions in order to get my license back, in which I was granted months ago. Roughly two weeks ago I get an intoxalock device out of my vehicle and the DMV sends me a letter the next day that I have a hearing for a chemical test refusal and they want to take my license away again. The letter came so late because the judge sat on the paperwork until recently. I know there's a certain amount of time for the judge to send the paper work into the DMV, so that is one issue. The second issue is that I refused to give a breath analysis at the scene for a bit then subsequently agreed to while the officer had my mother give me the test because I was uncooperative with the police. When I got to the station I did refuse their test though. Even if I took it, it would've been past the amount of time that is needed in NYS to conduct the test, (within two hours of arrest). I just got my license taken away at the DMV today, and put back on a conditional license. Was this a fair hearing?
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3 ANSWERS

Michael J. Breczinski
Get a lawyer and appeal.? Maybe they will grant you credit for the suspension that you already served.
Answered on Aug 16th, 2013 at 10:32 AM

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If you are not satisfied with the hearing, you can appeal it to the circuit court. But, you will have to do it within the time limit allowed by law.
Answered on Aug 15th, 2013 at 8:54 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Yes, ,DMV suspension is an independent action from that in the criminal courts.
Answered on Aug 14th, 2013 at 4:34 PM

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