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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience:  Litigation Attorney
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My son is in school in Indiana. A female driver ran him in

Customer Question

My son is in school in Indiana. A female driver ran him in the back. She pleaded with him not to call the police. He didn't, left. (wasn't that big a dent). After he left, her car wouldn't start; she called the police. Then they charged my son with a hit and run. He didn't think it was a big deal,easier to pay the fine. Then 1 month later he gets a letter telling him he's lost his license for 6 months. He did not know this or would have pled not guilty. Can you have it go back to court cause you were ignorant of the law?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Unfortunately, if he's already plead guilty and been given his penalty through a judgment, he can't go back and withdraw the judgment. It is possible to withdraw a plea BEFORE being sentenced/given the penalty or punishment, but after the judgment is entered, the judgment can't be withdrawn because he didn't know that this penalty was possible.

However, he should be able to seek a hardship license which would allow him to drive to work, the grocery store, the doctor, etc. until his license is reinstated. Here's a link you can read: http://www.awmlaw.com/How-to-Obtain-an-Indiana-Hardship-License.shtml

That's really the only option for your son at this point.
Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience: Litigation Attorney
Roger and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


His job involves driving... He is a transporter of automobiles, lol. I don't know if they would give a hard ship since driving IS his job

Expert:  Roger replied 1 year ago.
If this is a first offense for him, then he should be eligible. In fact, the reason for the hardship license is to try and prevent an undue hardship or burden. Thus, a suspension would cost him his job, so that should be a valid reason to seek a hardship license.
Customer: replied 1 year ago.


I really hope you are right. I will review the sight, and see what he has to go to do this. Thank you for some insight into the situation. To me, IF he was never told he would lose his license, and I;m sure they record the court records, then he was not informed fully of the consequences of pleading guilty, but I'm not a lawyer.

Expert:  Roger replied 1 year ago.
It would be a good idea for your son to contact a local attorney in your area about filing for the hardship license.

Often, these types of cases aren't recorded or transcribed, so there's likely no recorded record - - just the paperwork.
Customer: replied 1 year ago.


I will. He is in Indiana though, and I am in Kentucky. He is in school. So it would have to be a lawyer in Indiana, so I have no knowledge of anyone. I told my son, probably would be at least $1000.00 for lawyer and reinstatement. So no way are they going to relook at the case?


 

Expert:  Roger replied 1 year ago.
I don't think there's any way to have the case reviewed because the time to appeal (30 days) is up and many appeal rights are waived as part of a plea agreement.

So, his best option at this point is to seek a hardship license.

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