Can DMV overrule a judge's sentence? (tax, live, license)

[Traceyd14]

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

[jhrichmond]

It sounds like the problem is too many points on his record. The judge has nothing to do with that.

[nojo55]

Originally Posted by Traceyd14

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

I have been told this same stuff. I even proved I couldn't have been driving so it was Dismissed from the Judge. I have already decided that I am going to go to the State Capital of Mo. in Jeff City. This is a part of what our tax money pays them and therefore I am a registered voter! I have handle the politicians for quite a few years and with many different subjects...my heart goes out to you...I had to prove my child was the only child of the deceased, plus my Dad had bad bed sores. I was in contact with the Politicians on them all and have got progress &/or victory. After fighting with them for goin on 3 yrs now, jumping thru their hoops and having to spend an ungodly amount of money. So I wished more people wud do this same thing. Even if I don't get any thing back then just may be, just maybe and hopefully will be able to help some one later on down the road. Thanks for listening and I would hope that if I could get up a petition then that would may be help it along to NOT give DMV the name GOD. If they can over ride a Judge then sorry Judge your word means nothing then.

[Bigfoot424]

Responding to a 2010 post?

[MinnBen]

Sounds like a violation of due process rights in the Constitution to me.