Drivers License Suspension Legal Questions

The DMV only needs to SEND notice of the suspension, which they do to the last address they have for you, they do NOT have to show you recevied it.  That said, on a poitns suspension you can request a hearing and then they start with a 'base period' of a six month suspension with a probationary license or three months with no driving. So request a hearing by calling DMV at 303-205-5606. ... Read More

The August 2020 suspension is an adminstrative suspension for either blowing over .08 or refusing the breath test. That exists independently from the court suspension impose in March 2021. Despite any court order, DMV is prohibited from issuing a hardship (BPO) permit after a second DUI conviction, no matter when it occurs.... Read More

If one of your citations was for not providing proof of insurance at the time of a crash, regardless of whether the ticket was dismissed, you still need to show proof of insurance to DMV. They have imposed an FR (Financial Responsibility) suspension which requires a release from the other party, or posting a bond with DMV. Contact them and do waht they ask or you will never get the suspension cleared.... Read More

Completely improper, unless your only question is where the courthouse is. It is highly unethical and a violation of the Canons of Judicial Conduct, for your judge friend to talk about the case. His answer to any questions should be be " I'm sorry, I can't discuss your case with you or give you any advice. Speak to your lawyer".... Read More

First thing to do is consult and retain an attorney to assist you. A person doesn't normally get to HTO (Habitual Traffic Offender) status without knowledge of suspensions. That said, an attorney can go through your record and possible have the designation removed by asking ajudge to vacate prior convictions that cause the habitulaization. Restoring your license.... Read More

An attorney license in Florida can practice in any of the 67 counties. You won't be eligible to get your license re-instated until the damages are paid, you get a release from the victim, and show proof of insurance to FLDHSMV. Any attorny should be able to guide you. https://www.duilawdefense.com/criminal-defense/traffic-offenses/... Read More

We do these exact cases. We utilize the NJ DMV abstract for you and address one by one the issues noted. The process is slow and steady. We work closely with the NJ DMV and any municipal courts to correct the problems. Please call me ASAP. Ed Dimon, Esq. 732-797-1600 Ext 235. Cell is 201-892-4824. ... Read More

A second conviction for MIP carries a 90 day suspension; restrictions are available after 30 days (depending on the circumstances of both incidents). If he/she pleads guilty to a second offense, the Court will have no discretion regarding the licensing sactions. The goal should be to defend the case in an attempt to have it reduced or even dismissed if the facts and circumstances warrant.... Read More

If you were stopped for a motor vehicle violation the statute of limitations it 30 days.  There is some leeway if the driver is unknown but it would not extend it to 5 years.  Were you charged?  If you were charged they only have so long to bring the case to trial unless you are wilfully not present.  Then they have to show that they tried to serve you.  You should talk to a traffic attorney in the jurisdiction you were cited or believe you may have been cited. ... Read More

The answer to your question depends on whether she was able to identify you.  She is not required to ask you anything if she can independantly identify you.  However, if she misidentified you, IE handed you a ticket with someone else's name on it you might have a defense.  ... Read More

Having your driving privileges restored can be a complicated, and confusing process. It sometimes takes two separate hearings: one veofre the S.O.S. DLAD and then a second hearing in the Circuit Court. Has he received a Notice from the S.O.S. telling him when he will be (or is) eligible to have his license reinstated?... Read More

You may be able to petition the Motor Vehicle Commission to remove the false entries from your abstract by requesting a hearing at the Motor Vehicle Commission.  If the suspensions resulted in you being charged and convicted of driving while suspended that is an entirely different matter that should be addressed in the courts.  Sincerely, Edward P Shamy, Jr, 732-821-0400... Read More

Section 1543 refers to a person operating a motorized vehicle on a highway or public road.  There is caselaw which defines a tractor as a motorvehicle.  This is important because if you were DUI suspended at the time you may be looking at a mandatory 60 day jail sentence.  You may have a defense but it is not an easy one to bring.  Sit down with a local attorney who knows the judge.  They will be able to give you a clear answer of how that particular court deals with these types of cases.  ... Read More

So, if you need help with your drug addiction, what are you doing to get help?  A judge is not going to acquit you because you were driving on a suspended license because you needed drugs.  That is not a defense in any matter in the CW.  A judge might be willing to help you out if you show that you are in a treatment program and getting help for your addiction.  Most of the judges I practice in front of will not see you as a victim.  They will see your mother as one, a victim of your decisions not the court's punishment for you making those decisions.  Your first phone call should be to someone to do a drug and alcohol evaluation, your second phone call should be to a local defense attorney.  Driving under Suspension DUI related carries with it mandatory jail time.  You are creating quite a big hole for yourself.  I know this is a cliche but you need to talk to a local traffic attorney.  Depending on the county there may be programs that help keep you out of jail.  Importantly, often times inpatient time can be credited towards a jail sentence.  These types of things require the deft touch of a local traffic attorney.  ... Read More

The answer to this case really depends on the driving while suspended you are charged with.  Many DUS charges carry mandatory jail times and additional license suspensions.  Having an attorney can be instrumental in avoiding jail.  Importantly, you do not have to have an attorney.  If you can't afford an attorney, and are facing jail time you may be eligible for a public defender.  I don't know the judge or why she is requiring you to get counsel but she may be looking out for your best interests.  Call the local bar association and try to at least do a consultation with a local traffic attorney.  They will have access to information the general public does not and may be able to provide you helpful guidance.  More importantly, most attorneys in traffic cases cost significant less than most people think.  The value in avoiding jail and additional suspensions often far exceeds the fee you would have to pay.  ... Read More