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Old 03-08-2010, 01:32 PM
 
6 posts, read 16,313 times
Reputation: 19

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My boyfriend made some mistakes and I am in no way justify his actions involving drinking and driving. Long story short, he got a DUI in VA (blew .09 just barely over the limit), three years later he got a drunk driving charge in Maryland - which he deserved, and then 2 years later, got pulled over after dinner with friends for a problem with the tag light, ended up again blowing a 0.09 and got his 3rd dui. When he went to court in VA, the judge let him be charged with the 2nd dui (I guess since one of them was in Maryland). The judge told him that after 4 months he could get a restricted license to go to and from work and mandatory classes. He could get his regular license back in 3 years. He then gets a letter from DMV saying that since this is the 3rd DUI on his DMV record, he is not eligible for a restricted license for at least 3 years and full re-instatement for 5 years. Has anyone experienced this - DMV overruled the judge's sentence. Do they have the right to do that? Has anyone been successful in trying to appeal the DMV decision? He has to pay fines and go to mandatory classes, but can't drive to get to work to make money and has no way of getting to classes - public transportatoin is not an option for where we live
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Old 03-08-2010, 02:01 PM
 
Location: Eastern Washington
15,878 posts, read 51,392,907 times
Reputation: 15724
You IMHO need to lawyer up, you need advice from someone admitted to your state's bar, not just some guys on an internet forum.

You may want to think about a different guy as a life partner. He seems to be a slow learner.

If this guy can't afford a lawyer, probably he's just going to have to move to an apt. on the bus route.
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Old 03-08-2010, 02:11 PM
 
Location: Southern Arizona
9,532 posts, read 29,318,176 times
Reputation: 11452
Too many "Po Me's" involved, Tracey.

As Mitch recommends, your boyfriend needs a good lawyer (usually good equates to very expensive for this type of situation) plus a good kick in the butt. Is it possible the judge's ruling did not comply with the DMV rules and mandatory suspension requirements? In many states, three DUI's require mandatory slammer time so a mere restricted license doesn't sound so bad after all.

Good Luck.
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Old 03-08-2010, 02:21 PM
 
Location: Vancouver, B.C., Canada
11,031 posts, read 26,128,102 times
Reputation: 5402
3 strikes your out he drove over the limit 3 times and put others in danger in doing so I have no respect for this guy those 3 times are the ones he got caught on so I bet he does it all the time I think it's good he is off the road.
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Old 03-08-2010, 02:36 PM
 
14,781 posts, read 40,251,332 times
Reputation: 14543
Only pertinent advice is to consult an attorney. We all do dumb things, this is REALLY dumb BTW, hopefully he will learn the lesson he should have learned 2 instances ago.

With all that said, depending on your states laws, the sentence may be mandatory regardless of the judges ruling. In other cases the judge may have some discretion on sentencing in which case you need to make sure the judge's ruling is known to the DMV. No matter how it fleshes out you need an attorney.
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Old 03-08-2010, 04:16 PM
 
Location: Washington, DC & New York
10,918 posts, read 29,055,829 times
Reputation: 7107
In many jurisdictions, the DMV can impose administrative restrictions on a license, regardless of the outcome of a criminal case. The judge in the criminal trial gave your boyfriend a break, but in the administrative world of the DMV, the outcome of a criminal case may or may not have the same restrictions imposed. You should consult a specialized DUI attorney who knows how to handle the DMV, and they should be able to give you any insight during a consultation as to the likelihood of getting a restricted license.
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Old 03-08-2010, 04:34 PM
 
Location: Columbia, California
6,664 posts, read 28,842,803 times
Reputation: 5138
Thumbs up DMV suspended license after judge issued restricted license

DMV suspended license after judge issued restricted license
Thank you for sharing, the system is still working.

.09 is not barely over the limit, you can be arrested for .06 at the cops discretion
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Old 03-08-2010, 04:39 PM
 
Location: NYC & NJ
747 posts, read 2,535,119 times
Reputation: 337
Quote:
Originally Posted by M3 Mitch View Post
You IMHO need to lawyer up, you need advice from someone admitted to your state's bar, not just some guys on an internet forum.

You may want to think about a different guy as a life partner. He seems to be a slow learner.

If this guy can't afford a lawyer, probably he's just going to have to move to an apt. on the bus route.
x2. And not just a slow learner, but repeatedly terrible judgment. How many more DUIs before he seriously hurts someone? What if it's you? And/or a child?
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Old 03-09-2010, 08:24 AM
 
6 posts, read 16,313 times
Reputation: 19
I expected some backlash on the stupidity he showed by driving under the influence, especially multiple times. Trust me I completely agree and can only thank God that he never hurt anyone. This happened before I met him and now he has been to couseling and AA meetings and his problem is under control. I am trying to help him rebuild his life and was just wondering if anyone had a similar experience. He is currently saving money to consult an attorney. I hope that everyone who reads this thinks about his situation when they have a glass of wine dinner or a beer after work with friends. I will continue to support a good man through his rehabilitation.
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Old 03-09-2010, 08:40 AM
 
Location: West Michigan
12,083 posts, read 36,769,324 times
Reputation: 16952
Quote:
Originally Posted by Traceyd14 View Post
I hope that everyone who reads this thinks about his situation when they have a glass of wine dinner or a beer after work with friends. I will continue to support a good man through his rehabilitation.
Unless you weigh 50 pounds, a glass of wine with dinner or a beer after work isn't going to make you blow over the legal limit. Several glasses of wine or several beers will, but a person should be responsible enough to know you shouldn't be driving at that point anyway. That argument doesn't hold water in this discussion. Once, maybe; twice, highly unlikely; three times, not a chance.
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