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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
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Experience:  In House Counsel for Law Enforcement Agency
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My 20 year old daughter attends ASU and was caught using someone

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My 20 year old daughter attends ASU and was caught using someone else's ID to get into a club. She received a notice yesterday that as of 7/1/2013 her drivers license would be suspended for six months. She can request a hearing but is there anything she can do to fight this? Can she do community service instead? What would you advise?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. There are two things she can pursue before the court to minimize the impact of this situation and reduce or eliminate the suspension of her license. She can petition or request that the court either nonadjudicate the charge against her or issue a hardship order on her behalf.

The nonadjudication means that she pleads guilty of the offense by the court withholds a finding of guilt. She may have to pay a fine or even do some community service, but her license will not be suspended.

She may also file a petition for a hardship. In so doing, she will produce to the court information that will illustrate what a hardship it would be for her to have her license suspended, including but not limited to, written statements from her and from you that illustrate her difficulties in attending school, working, etc., by way of her license being suspended. The court will weigh the evidence and likely issue the hardship. This may only reduce the period of suspension and may require payment of fines as well. However, it is certainly a better option than doing nothing at all.

In summary, two options: nonadjudication or hardship. You could actually file a Motion for Nonadjudication, or in the Alternative, Hardship. That way you get potentially two bites at the apple.

Let me know if you have any additional questions.

Best wishes going forward.
Customer: replied 1 year ago.

Hi. Thank you for your reply. It was very helpful. She is supposed to reply in writing stating why she is requesting a hearing. How should she word this? In your opinion, can ASUA legal services help her with this or should we hire an attorney?

Expert:  Timothy D. Smith replied 1 year ago.
She should word it to clearly state the hardship that she will face relative to not being able to drive. She may even want to give her average daily schedule as an example and illustrate the time issue that she will face if not able to drive, which in turn will hurt her academically, which in turn will hurt her ability to graduate and seek gainful employment. She needs to paint picture of irrevocable and unescapable injury if her license is suspended for this amount of time. She also needs to express remorse and admit her poor decision in using an ID that was not hers. She needs to point out that she is a good student that has not been in trouble (she may want to attach letters of support from you as well as professors or bosses).

Given the nature of the charges and the penalty that is carried with the charges, it would be useful to hire an attorney. That said, you should meet with legal services and ask them pointed questions about their success rates with this particular charge. I would assume this is one of the mainn charges they deal with, so they may be good at handling it and have a relationship with the judge and/or prosecutor. In short, it doesn't hurt to meet with ASUA legal services to see what they are about and to see if you guys feel comfortable with them.

If you do not feel comfortable, it would be worth hiring an attorney that is familiar with the judge and prosecutor and that has a documented record of working in that court system.
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 2058
Experience: In House Counsel for Law Enforcement Agency
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