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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111526
Experience:  Attorney with over 24 years of law and traffic law
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How can the DMV suspended your license if you are not

Customer Question

How can the DMV suspended your license if you are not violating?
Submitted: 3 months ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of your situation, unfortunately you have not provided sufficient information in your post for me to provide you with a complete answer - DMV suspensions can occur for many reasons not associated with moving violations, most commonly associated with non-payment of child support obligations.

If you can provide me with the information related to both the state where your license was issued and why your license was suspended I can provide you with the statutory authority for any such suspension, and many times I can provide you with any appropriate administrative appeals process for contesting such a suspension (this depends on why the suspension occurred).

Customer: replied 3 months ago.
Ok.. Thanks .i parked my car at a parking lot and a cops pull me over that he was observing me and I was driving alcohol in my car and did a test and I didn't refuse but he says I refuse and the DMV suspended my Licence and I'm contesting a hearing.. My car was parked tho
Customer: replied 3 months ago.
The cops don't have any probable cause believe that I was drinking in my car while I was parked. The guy in the store where I bought the drink call the them
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

You didn't identify the state you were in, but almost all states make it illegal to be seated in the driver's seat of a vehicle (a position to operate a motor vehicle) while intoxicated. Furthermore, if the officer pulled you over - that means that you were operating the vehicle at the time. (If you were not intoxicated - "didn't blow above the legal limit" - this doesn't necessarily mean that you cannot be charged with being under the influence, an officer's field sobriety test, or observation of your operation of the vehicle can still be used to show you were impaired).

If there was an open container of alcohol in your vehicle, this too is a violation of vehicle code sections in almost all states. (Regardless as to whether or not the driver is intoxicated or even drinking).

The officers had probable cause to approach you based on the call that they received.

You do have a right to contest all of this - just because you have been cited by an officer (or even if you were arrested) this does not equal a conviction.
Your license can be suspended pending the hearing - again, this is state specific, but is fairly common (not as universal as the other statutes I noted above, but again, fairly common).

If there was an issue regarding whether or not you "refused" to take the field sobriety test - this is an issue you are going to have to contest with the court or with the DMV depending on your state (usually this is contested in court as part of your overall DUI/DWI defense).

If you are not represented by an attorney, I highly recommend that you retain one promptly - these matters can be very complex as you need to deal with both procedures and evidence (it is possible to "beat" one of these charges, and I don't have sufficient information based on our "Q&A" here to tell you what kind of case you have - but hiring a lawyer is the best way to maintain your record and the fastest way to get your driver's license back - often an attorney can try to get a pre-trial order to restore your license pending a hearing (or at least get a restricted license so that you can continue driving to and from work)).

Customer: replied 3 months ago.
Okay.. I'm in Lincoln ne
Expert:  CalAttorney2 replied 3 months ago.

In Nebraska, the driver's license portion of the DUI/DWI is handled through the DMV.

It is possible to petition the DMV directly for reinstatement of your driver's license, this link gives you information and a link to the petition: http://www.dmv.nebraska.gov/frd/susprev/alr.html

I still strongly recommend retaining a lawyer to represent you, and if possible coordinating your DMV petition (which has a very short timeframe to file) with your DUI/DWI defense in court.

Customer: replied 3 months ago.
Sorry what do you mean by I should coordinate my DMV petition?
Expert:  CalAttorney2 replied 3 months ago.

You have 2 separate processes/procedures that you need to deal with now.

  1. Your criminal matter (the DUI/DWI) which is going to be handled in court. You will want a criminal defense attorney to handle this.
  2. Your DMV matter - this is the reinstatement of your license. You can try doing this on your own, although I usually recommend that you either have your criminal defense attorney, or a local expert (there are often former DMV administrative hearing officers that represent drivers in these processes) to represent you in this to help you get your license reinstated.
Customer: replied 3 months ago.
Okay.. Thanks
So with this my case and defense attorney can I win the DMV hearing?
Expert:  CalAttorney2 replied 3 months ago.

Again, I do not have all the facts of your case.

But, retaining an attorney is going to greatly increase your odds of prevailing. The reason for this is that an attorney will understand the rules (both the procedure and the evidence are governed by very strict, and somewhat complex rules - knowing the rules makes a huge difference).

Customer: replied 3 months ago.
Ok. Thanks
Expert:  CalAttorney2 replied 3 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For CalAttorney2" and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

Customer: replied 3 months ago.
Ok. Thank you
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous contributor has gone and I am a DIFFERENT CONTRIBUTOR.
Did you have further questions about this issue, if so please use REPLy and ask, if not, please leave positive feedback for your contributor as the experts on this site are not site employees and they get no credit for their time spent with customers unless the customer clicks on positive feedback. Failure to leave positive feedback can result in an inability to get other experts on this site to work with you in the future. Thank you for your understanding and cooperation.
Customer: replied 3 months ago.
Hi.. The police report says Did not appear though. Defendant understand instructions. What does that mean?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
It means you did not file an administrative driver's license suspension appeal with DMV within the time provided and you were provided with the instructions at the time of your DUI and you understood those instructions. Failure to file a license suspension appeal through the DMV administrative process results in your license being suspended without you having any further right to appeal the administrative suspension imposed by law.
Customer: replied 3 months ago.
No.. I have already file the petition to the DMV but this was said in the police performance testing report.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your clarification.
So they are saying you did not do the field sobriety test? I am confused, so perhaps you need to give me some more facts and details.
Customer: replied 3 months ago.
This what I mean
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

That said you did not appear to understand instructions given to you on the field sobriety test they gave you. It is a note that you were not following or understanding what they were telling you to do. It is a means for them to show level of impairment, since intoxicated people have a hard time following directions.

Customer: replied 3 months ago.
I'm new to the state from Africa and I'm not comfortable with the English pretty much .
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

So that would be part of your defense when you go to court that you do not understand English, which is why you did not seem to understand the instructions the officer was giving you. That is a valid defense in court.

Customer: replied 3 months ago.
Can that help me in my DMV hearings to get my license back.. Because I didn't not refuse I just was not understand the instructions. I'm new in the state and I'm still learning
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Yes, it can indeed help you in your hearing proving that the reason you did not follow instructions is because you did not understand the language.

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