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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115494
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Son got MIP while driving, no opened bottles, he is 20, NY

Customer Question

son got MIP while driving, no opened bottles, he is 20, NY license, pulled over by cops for no reason. They asked him if he had alcohol in the car and said it would be easier if they complied. Being the honest one, he said yes and they asked if they could search and he said yes...dumb but they were intimidating him...they told them they just had to pay the fine and that was they did and then got the suspension notice a few weeks later. Cop lied twice...I know that is history. question: can he drive in NY o(r any other state ) during the suspended period? How do we get the paperwork to request that he can drive to school and work? Is there any recourse at all??? Should he do a program? what will that do for him? Any points on license? Thank you
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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.
Once your son paid the fine he was adjudicated guilty. His license suspension means he cannot drive in any state, not NY or any other state and if he is caught driving on a suspended license, that would be a criminal offense. Right now the MIP is a civil violation, not a crime.
Getting a hardship license would require him to appeal to the DMV and request an administrative hearing to prove there is no way for him to get to school or work other than driving himself. DMV is very reluctant to give a hardship license in these cases, but if he did not get tested and/or did not have any alcohol in his system, they can do so. He will likely have to go to the state alcohol awareness class to get the hardship license if they agree to give it to him. He will need a local attorney to appear in his administrative appeal before DMV.
Customer: replied 1 year ago.
Ok so he should not drive in nY or any where else during this suspension? How fast can one get admin hearing? Do I need a South Carolina Atty?
Customer: replied 1 year ago.
If he drives and is caught does that become criminal the?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if he drives and is caught driving on a suspended license it is a misdemeanor criminal offense. It will also result in an extension of his suspension with no hardship possibility.
Expert:  Law Educator, Esq. replied 1 year ago.
If he had a SC license, which I was not aware of, then he needs to file for a restricted license in SC, since they control his license and the suspension. They do grant a restricted license on the mandatory suspension for MIP in SC, but he has to apply through the SC DMV. See: South Carolina Code Section 56-1-746.
"(A) The Department of Motor Vehicles shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 20-7-8920, and 20-7-8925 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Department of Insurance.
(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, his place of education, or the court-ordered drug program, and in the course of his employment, education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, university, or court-ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or court- ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
Customer: replied 1 year ago.
So with NY drivers license...he still must apply to SC to get hardship approved? This can't just be done with paperwork?
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, perhaps we need to back up a bit.
First I thought he had a NY license and this happened in NY. Then you brought up SC leading me to believe he had an SC license.
Whatever state he has his license in, be it NY or SC, that is where he needs to appeal to get the hardship. It needs to be through DMV and an administrative hearing through a DMV hearing officer is required.