How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

The mother of my grandson in Va., had her third DUI in 5 years.

Resolved Question:

The mother of my grandson in Va., had her third DUI in 5 years. She received a one year license suspension and a fine. The suspension supposedly ended in June. However when she went to get her license back, she was told the commissioner at the DMV had extended her suspension for two more years. She had previously noticed, on the paperwork the year 2015 but when she queried this at the court and she was told it was a typo. and she could obtain her license in June. She contacted the lawyer who handled her case and he told her the DMV could override the court and impose any further penalties they saw fit. There is a lot more to this case but it seems strange that the courts can impose a sentence and the DMV can do this.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Dwayne B. :

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.

Dwayne B. :

They could impose additional time as they did in this case.

Customer:

Is there any way to appeal this decision by the DMV on the grounds of extreme hardship

Dwayne B. :

Did she have any kind of hearing on this?

Dwayne B. :

Other than the court?

Customer:

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.

Dwayne B. :

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.

Dwayne B. :

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.

Customer:

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.

Dwayne B. :

She applied for the restricted license through the court? If so, was it handled at the same time as the actual charge?

Customer:

I thiink she was told she could have a restricted license after one year. I'm not sure if it was handled then.

Dwayne B. :

Has that year passed?

Customer:

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

Dwayne B. :

If the court granted the restricted license then the DMV can't override that without going through the court itself.

Dwayne B. :

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?

Customer:

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

Dwayne B. :

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.

Dwayne B. :

If an order was never signed then the proper avenue is to formally apply for the restricted license and get an order on that.

Customer:

Am I able to save this chat?

Dwayne B. :

After you issue your Positive Rating the question will no longer time out and will lock open so you can come back to it any time. In addition, it will change formats and you can print it out using the print function on your browser.

Customer:

Thanks for your help

Dwayne B. :

You're very welcome and best wishes to you and her. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

I will

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience: Began practicing law in 1992
Dwayne B. and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.