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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hi Paul, Maybe you can clarify something for me.In 2002 I was

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Hi Paul, Maybe you can clarify something for me.In 2002 I was suspended for Habitual offender for 4 years. A year later I was suspended for DUI 4th. for 7 years, and also ,2years for refusal. By my calculation,the habitual suspension,should have ended in 2006,and the DUI would have ended in 2010.I believe then the 2 year refusal should have started in 2010,and ended in 2012,the state is saying I was never decertified,so my refusal didn't start until now. Shouldn't the habitual suspension automaticly ended after the 4 years? Thanks Dan
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Your habitual offender suspension could only have been for a maximum of 4 years by law. Thus, it had to end automatically at that point at which point the 7 year suspension would have started the year later, but the DUI suspension should not have started until the habitual offender sentence ended, so in 2006 the habitual offender ended, the 7 year DUI should have started and then the 2 years habitual offender after that, since none of these suspensions run at the same time (concurrent) unless DMV or the court orders that they run concurrent, they run consecutive (one behind the other). However, this is just from what you are telling me and without the benefit of actually looking at your driving record and the orders. If your calculations from DMV are wrong, since you can actually see your records and what the court ordered on the suspension, then you may actually file an appeal for reinstatement and get a hearing before DMV to prove your records of the suspensions mean the suspension should be released.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92594
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Paul, They did allow the Habitual, and the Dui to run together,but DMV is trying to say that the implied consent was never run because the habitual suspension was never decertified. I think it shoul have ended automaticly after 4 years, without being decertified. I was incacerated at that time and was never told that it was still in effect. Thanks Dan

Expert:  Law Educator, Esq. replied 2 years ago.
Thanks for clarifying that for me, since that was something I had no way of knowing without seeing the orders. If the DUI ran concurrent with the habitual, the habitual by statute only can be a maximum of 4 years, so they cannot continue punishing you for more than 4 years on that charge. If the DUI began in 2003 for 7 years then it did expire in 2010 and the implied consent begins in 2010 and ends in 2012, based on what you are saying about the DUI running at the same time as the habitual. This means it sounds from your description that an appeal to DMV is in order to fix these times.

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