QUESTION
How do I deal with DMV hearing for DUI if my charges were amended to a reckless driving at court?
Asked on Jan 14th, 2013 on DUI/DWI - Michigan
More details to this question:
My DUI charges were amended to a Reckless driving at pre-trial, and my public defender told me that my license will not be suspended. But the dmv had sent me a letter of "Notice of action" Reason for action * DUI first offense & Financial Responsibility.
11 ANSWERS
Geoffrey MacLaren Yaryan
If your blood alcohol level was .08 or above then your license will be suspended by DMV regardless of what happened in court.
Answered on Jan 21st, 2013 at 1:53 PM
Michael J. Breczinski
Take a copy of the papers showing what you were convicted of to the hearing. Also I do not think that financial responsibility covers reckless driving but I could be wrong. You do get suspended for reckless driving though.
Answered on Jan 16th, 2013 at 6:17 AM
3 Awards
DMV and court are two different things. If you did not request a DMV hearing within 7 days of notice of a test result over .08 or a refusal, then you have lost the hearing right. Go to DMV and ask what you need to do to get your drivers license back. They will give you a printed document that explains it. If your number was under .08, then you may need an attorney.
Answered on Jan 16th, 2013 at 6:16 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Discuss with your Public Defender. That's what the public pays them for. Reckless driving in some cases can include a penalty of suspension of a driver's license up to 6 months.
Answered on Jan 16th, 2013 at 6:16 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your PD is not correct. They are two separate issues. If you failed or refused the breath test, your DL will be suspended regardless of the outcome of the case (unless you were found not guilty after a trial.) You need to hire a lawyer. You are not entitled to an appointed lawyer for this matter.
Answered on Jan 16th, 2013 at 6:15 AM
Steven D. Dunnings
If in Michigan, your license will be suspended for a reckless
Answered on Jan 16th, 2013 at 6:14 AM
The court proceeding has no bearing on what happens at the DMV, which is completely separate. You need to hire a DMV specialist to represent you at the DMV. Your PD is not competent to help you with the DMV Hearing.
Answered on Jan 16th, 2013 at 6:13 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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You are eligible to have your suspension reduced from 120 days to 60 days on a first DUI reduced to Impaired driving. The original suspension was administrative.
Answered on Jan 16th, 2013 at 6:12 AM
If your Operating While Intoxicated charge was dropped in exchange for pleading to Reckless Driving, then hurray. Either your attorney is good, the facts were not strong for OWI or a combination of the two.
Answered on Jan 16th, 2013 at 6:12 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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The DHSMV is a separate entity from the courts. Even if your DUI was dropped completely, the DHSMV can still suspend your license. Ultimately the DHSMV will use a very low standard to determine whether the officer was justified in believing that you operated a motor vehicle while under the influence. You may want to hire a private attorney to handle the DHSMV's hearing, but it will be an uphill battle.
Answered on Jan 16th, 2013 at 6:11 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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In Michigan the two are not related and you still have to pursue your license before the DMV
Answered on Jan 16th, 2013 at 6:10 AM