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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92498
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Back in March of 2012 my daughters 18 year old boyfriend

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Back in March of 2012 my daughter's 18 year old boyfriend held a learner's permit. He got a ticket for driving with a restricted license and having a passenger in the vehicle in the car. The DMV sent him a letter notifying him that they were going to suspend his license. He went to court to dispute and he received community service which he did serve. From the court he received a nully verdict.

During the time period that he was serving his community service he received a letter from the DMV saying that his license was suspended. He showed this letter to the court and they told him he was fine.

He was just involved in an accident in MA which was not his fault but he was informed by the police officer that he had a suspended license. He contacted the DMV and sign up for a took the course. He received a letter stating that he failed the course.

I am trying to help him out by getting some solid answers (he is from Bolivia and has limited understanding of the ways of the USA).

When he originally went to court and got community service could the DMV actually suspend his license then. And what retraining if any did he in fact have to take?

I really don't know what questions to ask all I know is this kid is at his wits end with this issue and is ready to give up. He is trying to enroll in UTI to pursue a career in as an auto mechanic but this license issue is hindering this process.

Thank you in advance for any help you can offer me. Sincerely, XXXXX XXXXX (XXX) XXX-XXXX
Submitted: 1 year ago.
Category: Legal
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.

There are two parts to a citation of this nature, the criminal part which involved the traffic citation and the civil or administrative part involving DMV. He needs to file an appeal of his suspension with the CT DMV and present the fact the case was nullied by the court and seek to get the license reinstatement. Once he has the license reinstatement, then he can present that to the MA court and they will dismiss the driving while suspended charge against him.

If you really want to help him, because the DMV cases can be so complex and he does not understand the system well and you cannot actually represent him, you may want to try getting him a local attorney to straighten out the DMV matter first and get his license reinstated based on the case being dismissed in court which would then allow him to get out of the issue in the MA accident case if they issued him a ticket for driving while suspended (you did not mention if they did or did not).

In any event he has to go and file an appeal of the suspension with DMV to try to get the suspension rescinded and using a local attorney will certainly make this much easier for him. Also, you need to know filing the appeal will not be easy because the burden of proof in a administrative case is not the same as in the traffic court and the state needs to prove only by the preponderance of the evidence he was violating the terms of his license, so the attorney will have to do some arguing and negotiating to get his license reinstated or at least get the suspension shortened.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92498
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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