QUESTION
Will my Commercial Driver’s License be suspended after 11 months case dismissed?
Asked on Nov 16th, 2012 on DUI/DWI - New Jersey
More details to this question:
I got my first DUI on January 14, 2012. I was blood tested in jail (do not know the results). After spending four days in jail, I was released on my court date (01/18/12) with all charges dismissed! I contacted the Department of Motor Vehicle Hearing and They told me it was not necessary since they have not received any court order to revoke driver’s license. I called the warrant office in a monthly basis to check my status as well as Department of Motor Vehicle and found nothing against me. I continue to drive which I do for living as a Commercial Truck Driver. On November 5, 2012, I got a warrant for my arrest with a $1000.00 bail and charges were DUI and BAC over level permitted. Is my driver’s license going to be suspended? I already went to clear the warrant they set up a court day on December 11, 2012. The detective told me "this is such a small case, never seen one like this on the streets (1000) bail." I cleared my warrant. And will go to my court day.
4 ANSWERS
Personal Injury Attorney serving Albuquerque, NM
at
Collins & Collins, P.C.
Update Your Profile
In New Mexico, the MVD hearing must be held within 90 days of arrest. If the hearing was not set within the 90 day period, then the MVD action would be dismissed. However, if it was set within the time limits and neither you nor a legal representative appeared, then chances are your license would be revoked. The MVD action is completely separate from the DWI in criminal court. In fact, you win the DWI trial and still have your license revoked by MVD. Likewise, it is not uncommon for the MVD action to get dismissed on a number of grounds (generally because the officer did not show) and still convicted on the DWI.
Answered on Dec 05th, 2012 at 1:17 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 21st, 2012 at 8:06 AM
Dennis P. Mikko
If you are convicted, your CDL will be suspended. Without knowing more, it is difficult to determine what the basis for the charges are. You should initially plead not guilty and either hire your own attorney or ask for a court appointed attorney. The attorney can review the facts and will then be in a better position to advise you.
Answered on Nov 21st, 2012 at 8:05 AM
Gary Moore
If you are convicted you will lose all driving privileges. You are not convicted, yet. You should hire an experienced DUI lawyer to defend yourself.
Answered on Nov 21st, 2012 at 6:42 AM