Not sure if anyone can help direct me to the right resource. I have a friend who is Vietnamese. He speaks broken english. On 11/22/11 he was pulled over and received a DUI. The officer must have asked him to take the breathalizer but he did not consent (mostly because I do not believe he understood what the officer was asking), so it was deemed implied consent. He went to a hearing in March of 2012 where his license was suspended and he has been following up with his lawyer about a court date or being able to get his license back so that he can get to work. His lawyer, who represents a Vietnamese clientele keeps telling him that his court date "will be soon", but other than that, he has not given any additional information & does not call back. It has been a number of months now since the hearing and I called the DDS and they advised his license was suspended for 1 year due to implied consent. Anything he can do to get a temp work permit, he is the bread winner for his family?
Country relating to Question: United States
State (if USA): Georgia
DDS - called DDS to see if I could find out what the individual needs to do. Called his lawyer, but no response. Guy is confused and just wants to be able to get to and from work (nail salon), has two kids and is bread winner and has been getting ride with neighbors and friends, but difficult and he is confused and does not know where he needs to go...
Hi Jacustomer,It sounds, unfortunately, like your friend's lawyer may have dropped the ball here. Every state has an implied consent law in which it says that whenever the police feel it's necessary that a driver get a blood or a breath test they are deemed to consent to the procedure. If your friends English was poor enough that he did not understand what the police were saying and didn't agree, the police would likely take that as a refusal, but his lawyer may have been able to challenge that due to his limited understanding of the language.His lawyer has no obligation other than politeness to call you back. There is much that he knows which you are not entitled to hear, as it is protected by the attorney/client privilege. But is this is his first DUI, he should be eligible for a hardship license, which is available to Georgia residents who can show the need for a limited license. As the breadwinner of his family, he would likely be entitled, at least on the basis of the information you have provided me above.You can see the requirments for a Georgia hardship license here. Your friend may like his lawyer because he can communicate with him in his own language, but it sure hasn't done him a world of good. You might want to talk to him about making a change or at least about getting him the hardship license.
18 years of NYC criminal litigation experience.
Hi Fran- that is great info. I appreciate it. Who could I contact to get the process moving for the Georgia hardship license? I am sure he would qualify. Now that his license is officially suspended and he had the ALS hearing where that occured, what happens next, does he get a court date, or is there now just a conviction on his record? He said they never sent him any paperwork or any follow up information and his lawyer does not appear to be helping. He does not know what he needs to do next and I have no experience in this area. Appreciate your help, plan to rate you high ;-) as this is the first info I have heard that can assist in helping my friend out. Thanks.
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