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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26340
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I received a DUI. I used the breathalyzer but refused the chemical

Customer Question

I received a DUI. I used the breathalyzer but refused the chemical test blood test. My lawyer and I were granted ARD because it was a first offense with no priors. I have completed ARD and all related classes. All of my fines have been paid in full. My question is this: I have a letter that states I have a 12 month suspension for the refusal AND an additional 60 for ARD. My lawyer had given me the impression that once I served the 60 day suspension for the ARD program I could apply for my license reinstatement. I was absolutely flabbergasted when I read that I have a total of 14 months to serve. Please let me know any thoughts you have regarding my question. I'm not looking for an answer on how to dodge my sentence, but I also don't want to be suspended one minute longer than I have to be. I am the sole caregiver to my mother who suffered a TBI and is now about 4 years old, cognitively. I am the legal guardian of her body and finances. I am out of work so I'm ineligible for OLL BUT there are times that I need to drive or my mothers health/well being is at risk.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

What you have been told regarding the suspension should be correct. If you refuse testing, it's an automatic suspension; plus, you'll have to deal with the ARD suspension.

HOWEVER, it is possible to get a hardship license in order to drive for necessary things - - going to and from work, to and from doctor, etc., which should allow you to drive for limited purposes. The license you would apply for is called an "Occupational Limited License, or “OLL”. If the client’s application is approved, you will be able to drive to and from work, school, and for specific medical purposes.

You should discuss this option with your attorney. It won't get you totally around the suspension, BUT at least it will give you some driving privileges that you need for essential/every day actions.
Customer: replied 1 year ago.

Did you get my reply? I didn't see that it had sent

Expert:  Roger replied 1 year ago.
Hi - Sorry, but I didn't get anything other than what is posted above........

You can try to post your question again right below here.
Customer: replied 1 year ago.

* sigh* Apparently, it did not send. The main point to my reply was to state that I had researched the OLL license. The problem is that there is no set schedule to my need and that is what is required on the application. I am sole guardian to my mom. She has been rushed to the hospital six times over the last year. I have to be there. When she is 'acting up' I am often the only one that can calm her down without massive doses of narcotics, which we try to avoid. Occasionally I am called in with a days notice to attend caregiver meetings at her nursing home to discuss a recent situation. She also has occasional doctors appointments but they are rare because she sees most of her doctors at the nursing home. I just don't see how any of these things can be accommodated by the OLL license. Do you have any thoughts or ideas that might aid me with this?

Expert:  Roger replied 1 year ago.
Hi - I can understand that you can't predict when you may have to drive/travel with your mom for medical reasons. Generally, as long as you can prove to Penndot that you have this situation - - produce your guardianship papers over your mother, etc. - - and ask that you be allowed to drive in these medical emergency situations, it should be granted given that you're her guardian and there's no one else that can perform this task.

You're not going to have a "cookie cutter" application, but you should still be able to request an exception like this. Your attorney should be familiar with this and should be able to help you get this accomplished.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26340
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

LOL No offense meant, but I'm looking for ways to not have pay another retainer fee. I lost my job as a direct result of my mothers infirmity (almost two years ago.) With no license it is unlikley that my job prospects are going to improve any time soon and my savings are just about depleted. All the legal fees associated with gaining the guardianship was insane and then I went and compounded matters by getting a DUI (insert more insane legal fees here.) Now I'm facing two other legal battles associated with my mothers case, and struggling to find $8,000 a month just to keep her in her nursing home. I have to tell you honestly. I've dealt with several lawyers from several firms and I'm not happy with any of them. But now I'm just ranting and I guess you've answered my question. Thank you.


 


 

Expert:  Roger replied 1 year ago.
I can understand that TOTALLY. Lawyers are expensive - - I know I'd hate to get my bill on many occasions.

If you're trying to do this alone, the best option would be to call Penndot and ask to speak with someone (possibly a staff attorney) that handles the OLL applications. You can discuss the issue with your mother and ask him/her how to denote on the application the issue so you can make sure your application is clear about this need so if/when your limited license is granted, it will provide coverage for this type of driving.

USUALLY, these staff employees/attorneys are helpful and can give you the information you need to get this done. It will probably require a hearing before some board etc. to get approval to do this, but that's likely cheaper than paying another big attorney fee.
Customer: replied 1 year ago.

I had a problem that were directly the responsibility of the lawyers to inform me. Unfortunately, once they got their payment and they felt it was closed, they neglected to keep me in the loop and let me know the things I needed to take care of (paperwork-wise.) I know ignorance of the law is no excuse but I am admitting my need and lack of pertinent knowledge when I hire a lawyer. I didn't realize all the paperwork and approvals I was going to need regarding the guardianship and only found out AFTER the time period had expired. Eh, it's water under they bridge, so they say. Anyway, thanks for you help. I guess I must have done my research well because you weren't really able to tell me much more than I already knew. lol

Expert:  Roger replied 1 year ago.
It's certainly unfortunate that you've had a bad experience with your attorney. Hopefully, you can get some help from Penndot and get back on track.

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