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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111496
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hey how are you.. In 2011 I received a first offense DUI, did

Customer Question

Hey how are you.. In 2011 I received a first offense DUI, did ADSAP, paid the fine and in 2012 I received a second offense DUI, was put on probation, finished that, paid the fines and then I was told from the DMV my license would be suspended another 6 months after my conviction date.. Well apparently they ended up decided to put me on the habitual offender list which I never knew about and never received a letter because like 7 months ago I was pulled over and arrested for driving while a habitual offender which I never even knew my license was suspended or I was a habitual offender.. And the officer messed up by writing the ticket 2nd offense also when it should only be first.. So I'm awaiting court now for it.. Please tell me what may happen to me or what to expect or whether they may drop it based on his error for writing up the ticket wrong and me never knowing I was on the habitual offender list

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It sounds like the DMV may have put you on the list improperly, which is a basis for you to plead not guilty and fight the case in court. Under SC laws (I am guessing you are in SC, based on the way your question is worded, but if not let me know and we can discuss the other state laws), any driver who accumulates three or more convictions for major driving offenses within a three year period, or 10 or more four-point moving violation convictions may be classified as a habitual offender. See: SC Code of Laws Section 56-1-1020.

The DMV has to give you notice mailed to your last known address that you are being placed on the habitual traffic offender list.

At this point, you need to plead not guilty and go to trial and show you do not fit the habitual offender status, that you got no notice and seek to get found not guilty

I would NOT handle this without you hiring an attorney. Do not think you can. You need to get a local attorney to represent you and if you do, based on what you stated above, you will likely be found not guilty and get the habitual offender removed.

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