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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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Last year i got arrested for drinking under the influence and

Resolved Question:

Last year i got arrested for drinking under the influence and was charged driving a vehicle with a blood/alcohol level of 0.08% or more. this happened out of the county i lived in so i had an attorney appear on my behalf. The Judge granted me a restricted license for one year to and from school only. One day when i was driving home from school i got pulled over for speeding in the county i live it. I didnt have a license to show him but i explained about the court order i had. He said it wasnt in the computer so he had my car towed. So i had my mom take me to the DMV to see if there was some kind of restricted license i could get, i was unaware that in order for the restricted licese the Judge orders to be valid it needed to be approved by the DMV. only no where in the paperwork i recieved did it metion that so now i violated my probabtion and i need to what to say to the Judge the day i have court?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Have you hired your last attorney to represent you in your probation violation hearing?

JACUSTOMER-ip6nbnzt- :

no

JACUSTOMER-ip6nbnzt- :

its not a probation violation hearing. its just for the ticket i got for speeding and driving without a license

JACUSTOMER-ip6nbnzt- :

but i want to explain to the judge that i didnt know i was violating my probabtion because evenually it will come up

JB Umphrey :

I see. Thanks for the clarification.

JB Umphrey :

Did you receive separate notification from the DMV that your license had been suspended?

JACUSTOMER-ip6nbnzt- :

no

JB Umphrey :

Why didn't you have a license to show the officer when you were pulled over?

JACUSTOMER-ip6nbnzt- :

when i was arrested the offecer took my original license and i never got it back but i was told i wouldnt get it back. and i thought the paper i had was like in replacement of my license like temporary

JB Umphrey :

What was the paper that you had?

JACUSTOMER-ip6nbnzt- :

its a court oder form from the judge giving me a restricted license to and from school only.

JB Umphrey :

Can you take that form to the DMV and get your restricted license?

JACUSTOMER-ip6nbnzt- :

i tried that but becasue im under the drinking age they said they dont tolerate that and its atomatically suspended for year. but i didnt know that until after i got the ticket

JB Umphrey :

How old are you?

JACUSTOMER-ip6nbnzt- :

20 i was 19 when i got arrested

JB Umphrey :

Can you afford to hire a lawyer?

JACUSTOMER-ip6nbnzt- :

no not this time becasue im living on my own now and i cant afford one

JB Umphrey :

An option to consider, when you go to court, is to ask the judge for a court-appointed attorney.

JB Umphrey :

There are multiple layers of legal issues which your attorney should explain to the prosecutor in the course of plea discussions and, if those break down, be prepared to take your case to jury trial.

JB Umphrey :

At the heart of a driving while license is suspended charge is proof that you were notified that your license was suspended and that you knew that your license was suspended.

JB Umphrey :

The ticket that you received is criminal in nature, it's not like a simple seat belt ticket.

JB Umphrey :

You have a right to a trial.

JB Umphrey :

You have a right to a jury trial.

JB Umphrey :

Is there anything else that I can assist with?

JACUSTOMER-ip6nbnzt- :

okay. no thats all. thank you

JB Umphrey :

You are most welcome.

JB Umphrey :

If you have a follow-up question, please reply and ask it.


If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.


 

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 8 other Criminal Law Specialists are ready to help you

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