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The DMV can't "override" the court but they can impose their own additional penalties. For example, if the court had sentenced her to one year license suspension the DMV couldn't have said no, it is only for six months.
They could impose additional time as they did in this case.
Is there any way to appeal this decision by the DMV on the grounds of extreme hardship
Did she have any kind of hearing on this?
Other than the court?
She went to court for the offense and was given the one year ban and fine etc. but there was no other hearing about the added two years. nor was she made aware of it until she applied for her license back. The only thing on her paperwork was 2015, which she queried and was told it was only a "typo" She attended the classes and everything and more required.
She can appeal the decision or petition the court for a restricted license. It is a pretty complicated procedure in VA and she would want to hire a lawyer to help with itbut she would almost certainly be able to get the restricted license.
And she can do both at the same time, appeal the suspension and ask the court for a restricted license in the event that it doesn't reverse the suspension.
She applied for a restricted license and her car was supposed to be fitted with the breathalyser. When she went she was told that she had to wait two more years. Also the offense occurred in Nov. 2011 and the court date wasn't until June 2012 after two continuances.. She had to serve 30 days jail, which was over 15 weekends. I know what she did was wrong but this is causing her lots of problems as she lives at home with her parents. Her mother is ill and she has to rely on her dad to take her to work an transport her son to various places. This is a tremendous burden on her and her parents.
She applied for the restricted license through the court? If so, was it handled at the same time as the actual charge?
I thiink she was told she could have a restricted license after one year. I'm not sure if it was handled then.
Has that year passed?
Yes the year was up in June and then she went to get her restricted license, that's when they told her she had two more years to wait. Her lawyer didn't tell her anything about it , either
If the court granted the restricted license then the DMV can't override that without going through the court itself.
However, the restricted license is a specific order of the court. It sounds like what happened is they told her she could apply for a restricted license after a year as opposed to the court actually granting the restricted license. Is that what happened?
When she found out about the additional two years, she contacted her lawyer and he told her there was nothing which could be done. She was unaware of any additional court applications by the DMV. I'm not really sure what happened about the court actually granting the license
Whether the court granted the restricted license is the key to this. If an order was issued granting it then the DMV really doesn't have the power to override that except by going back through the court.
If an order was never signed then the proper avenue is to formally apply for the restricted license and get an order on that.
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Thanks for your help
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