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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I was on probation for two after my habitual offender sentence

Customer Question

I was on probation for two after my habitual offender sentence was finished. Which was March 17, 2010. But in May they sent me a letter telling me that they recently received a conviction for Driving while License Revoked in the 1st degree. It then said the this conviction was included in my Habitual Traffice Offender Reinstatement hearing. Then it says my driving privilege will not be revoked for this charge, but however, the probation period for reinstatement is being extended for one year. You must follow the terms of the enclosed agreement until March 17, 2011.
Well since then I have had 2 tickets which is in violation of that agreement. Then I receive a letter telling me on June 2, 2011 that my license will be suspended for a year because of those tickets, now this letter wasn't sent until April 18, 2011.

When they sent the first letter I called because I had not received any new driving while license revoke in the 1st degree. When they finally called me back they said that a court had not sent in the conviction from approximately 7 years ago.


Is this legal?

For one the first letter I was already finished with my probation and can they use something from that long ago to violate me now. If in fact this was actually done. No court takes that long to report that.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

Hi

 

Unfortunately, they actually can go back to the violation if it happened while you were on probation even though it is now expired. The point is it happened while on probation.

 

Now, it is arguable that they should have not allowed an error to linger. And that is what you appeal will be based upon, even though there is no statute of limitations that would apply here.

 

 

Customer: replied 5 years ago.
No the violation was NOT when I was on probation. It was way before I was even charged with the habitual offender charge. And it wasn't included in the charges that were included in the 20 violations causing me to be a habitual offender.

It did not happen when I was on my probation after I got my license back, they just are saying that they included in my probation.
Does that make sense I am attaching the papers that they sent me, but they have not sent me the actual charge they are saying they received. Don't they have to produce a copy of that to be legal?
Customer: replied 5 years ago.
I really don't have any more information. I am trying to get it from DOL but they are in no hurry to give me a copy of that charge. Or even respond back to me!
Expert:  Samuel II replied 5 years ago.

Hi

 

Alright. So what is your question then? You wanted to know if they can go back and I answered yes. Do you have a follow up?

 

 

 

Customer: replied 5 years ago.
My question is that I was not on probation when I got the ticket. Can they still use it against me? I have already taken care of the ticket. And if yes what would my defense be? That they should not have let it linger? How would I argue that?
Customer: replied 5 years ago.
Hey, things got even better, when I asked for an administrative hearing they sent me a letter stating that the only thing that would do, would be to prove that it was me and to prove that I committed the infraction. But I could appeal in superior court for a $40 fee so that they could get my records ready for court. Okay so I am going to go through with the appeal, etc., etc. and then I noticed another letter in with my mail, now they both were dated the same day, but the first letter was sent that day and the next letter I I am going to tell you about didn't come for 3 more days.
But then I open this second letter and low and behold what does it say.
"Whoops (basically what they said) we are sorry to inform you that we should NOT have selected you as a habitual offender and we are removing this from you record.
But any other suspension in the past, present or future will still apply.
Can you believe this? So I was not in violation and they did not take my license on June 2, 2011 for another year. and supposedly every thing is all good.

How can they do that. I didn't have my license from March 2001-June 2009, then 2 years of probation with another year added and then they were going to take it from me for a bullshit conviction that happened in December of 2005 they say they never received but according to the courts it has been taken care of and closed.

I am wondering if I can sue the hell out of them for pain and suffering, unwanted grief, not getting good employment due to driving license requirement for many many jobs, spending 2 hours to and from work every day for 3 years, not being able to go to many family or social functions due to lack of transpertation, Being able to drive my 3 children to and from doctor appts, school meetings, etc. etc.
I need to know what your thoughts on this are.

Thank you and I am going to try and attach the paperwork so you can review it.