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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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Experience:  Relax. Let's work together. Practical solutions.
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I live in Nebraska and in 2005 I got a DUI and lost my license

Resolved Question:

I live in Nebraska and in 2005 I got a DUI and lost my license for 15 years. I have changed my life around and have rose to the top of the company where I work. I have been told that since I lost my license in 2005 I can try to get my license back in 5 years(now). My record since then is clean. I was told its 7 years you have to wait now days but I and grandfathered in. Can you clear this up?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. Concerning your 2005 conviction, what number of DUI offense was this for you (i.e. third, fourth)?

  2. Was your 15-year license suspension imposed by the Court or the Department of Motor Vehicles?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
This was a strang situation. It was my 4th DUI. I pled to a third. I also had a resisting arrest I pled to. The judge gave me 6 months in prison for the resisting arrest and 1 year for the DUI third offense to the Nebraska department of corrections and revoked my license for 15 years. The department of corrections would not take me that day because the judge messed up on my sentence. I didnt qualify. It had to be a class 1 mis. or higher and I had to be sentenced to 365 days or more. The resisting arrest was was a class one mist. but he only gave me 6 months, and the 3rd DUI he gave me a year but it was a class w not a class 1 mist. So department of corrections refused me. I was then taken back to court that very day by the sheriff and the judge changed my sentence to the same amount of time but in the county jail. So I got 1 1/2 years in county jail. After 3 months served in the county jail I was allowed house arrest for the remander of the time. I also want to add that I have many people who would speak out for me changing my life around. 15 year suspension was imposed by the district court of jefferson county Nebraska.
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney (and native Nebraskan), and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for writing back and supplying the additional information as requested, which was helpful to my analysis of your inquiry. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. Unfortunately, there is quite a bit of confusion and misunderstanding floating around in regard to this topic. I wish that I had more encouraging news to share, but the botXXXXX XXXXXne is that based on the circumstances you have related here, you are indeed looking at a seven-year (as opposed to five-year) mandatory waiting period.
  3. Penal statutes are strictly construed, and absent a clear expression of legislative intent, the plain language of the law applies. In other words, since Nebraska Revised Statutes § 60-6,209 does not expressly contain a "grandfather clause", the Courts will not find that one exists by implication. This issue has been litigated, and I am sorry to say that the appellate holdings are also not in your favor in this regard.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
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