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Hi Paul, could you please check to see if the DUI suspension,

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and the Habitual Offender can...
Hi Paul, could you please check to see if the DUI suspension, and the Habitual Offender can run at the same time? I looked at all my paperwork,and it shows them running together,but I would like to make sure before I contact DMV. Thanks Dan
Submitted: 5 years ago.Category: Criminal Law
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11/3/2012
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
Law Educator, Esq.
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Actually, it is as I feared in my last answer to you in that it cannot run concurrent with any other suspensions. The purpose of the habitual offender suspension is a punishment and the courts and DMV hold that to have it run concurrent with any other suspension would "frustrate the legislative purpose that the implied consent revocation not run concurrently with any other license suspension or revocation." See: Gouette v. Beecher, DMV Case 96-E-129, (Merrimack, Smukler, 1996).

This is something that is up to the DMV and not the courts, since there is a distinction between the criminal DUI penalties and the administrative DUI penalties and because driving is a privilege and not a right under law, the DMV can give additional penalties than the court gives for the criminal case.


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