Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I received a DUI. I used the breathalyzer but refused the chemical

test blood test. My lawyer...
I received a DUI. I used the breathalyzer but refused the chemical test blood test. My lawyer and I were granted ARD because it was a first offense with no priors. I have completed ARD and all related classes. All of my fines have been paid in full. My question is this: I have a letter that states I have a 12 month suspension for the refusal AND an additional 60 for ARD. My lawyer had given me the impression that once I served the 60 day suspension for the ARD program I could apply for my license reinstatement. I was absolutely flabbergasted when I read that I have a total of 14 months to serve. Please let me know any thoughts you have regarding my question. I'm not looking for an answer on how to dodge my sentence, but I also don't want to be suspended one minute longer than I have to be. I am the sole caregiver to my mother who suffered a TBI and is now about 4 years old, cognitively. I am the legal guardian of her body and finances. I am out of work so I'm ineligible for OLL BUT there are times that I need to drive or my mothers health/well being is at risk.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 13 minutes by:
3/26/2013
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

What you have been told regarding the suspension should be correct. If you refuse testing, it's an automatic suspension; plus, you'll have to deal with the ARD suspension.

HOWEVER, it is possible to get a hardship license in order to drive for necessary things - - going to and from work, to and from doctor, etc., which should allow you to drive for limited purposes. The license you would apply for is called an "Occupational Limited License, or “OLL”. If the client’s application is approved, you will be able to drive to and from work, school, and for specific medical purposes.

You should discuss this option with your attorney. It won't get you totally around the suspension, BUT at least it will give you some driving privileges that you need for essential/every day actions.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Did you get my reply? I didn't see that it had sent

Hi - Sorry, but I didn't get anything other than what is posted above........

You can try to post your question again right below here.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

* sigh* Apparently, it did not send. The main point to my reply was to state that I had researched the OLL license. The problem is that there is no set schedule to my need and that is what is required on the application. I am sole guardian to my mom. She has been rushed to the hospital six times over the last year. I have to be there. When she is 'acting up' I am often the only one that can calm her down without massive doses of narcotics, which we try to avoid. Occasionally I am called in with a days notice to attend caregiver meetings at her nursing home to discuss a recent situation. She also has occasional doctors appointments but they are rare because she sees most of her doctors at the nursing home. I just don't see how any of these things can be accommodated by the OLL license. Do you have any thoughts or ideas that might aid me with this?

Hi - I can understand that you can't predict when you may have to drive/travel with your mom for medical reasons. Generally, as long as you can prove to Penndot that you have this situation - - produce your guardianship papers over your mother, etc. - - and ask that you be allowed to drive in these medical emergency situations, it should be granted given that you're her guardian and there's no one else that can perform this task.

You're not going to have a "cookie cutter" application, but you should still be able to request an exception like this. Your attorney should be familiar with this and should be able to help you get this accomplished.
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

LOL No offense meant, but I'm looking for ways to not have pay another retainer fee. I lost my job as a direct result of my mothers infirmity (almost two years ago.) With no license it is unlikley that my job prospects are going to improve any time soon and my savings are just about depleted. All the legal fees associated with gaining the guardianship was insane and then I went and compounded matters by getting a DUI (insert more insane legal fees here.) Now I'm facing two other legal battles associated with my mothers case, and struggling to find $8,000 a month just to keep her in her nursing home. I have to tell you honestly. I've dealt with several lawyers from several firms and I'm not happy with any of them. But now I'm just ranting and I guess you've answered my question. Thank you.


 


 

I can understand that TOTALLY. Lawyers are expensive - - I know I'd hate to get my bill on many occasions.

If you're trying to do this alone, the best option would be to call Penndot and ask to speak with someone (possibly a staff attorney) that handles the OLL applications. You can discuss the issue with your mother and ask him/her how to denote on the application the issue so you can make sure your application is clear about this need so if/when your limited license is granted, it will provide coverage for this type of driving.

USUALLY, these staff employees/attorneys are helpful and can give you the information you need to get this done. It will probably require a hearing before some board etc. to get approval to do this, but that's likely cheaper than paying another big attorney fee.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

I had a problem that were directly the responsibility of the lawyers to inform me. Unfortunately, once they got their payment and they felt it was closed, they neglected to keep me in the loop and let me know the things I needed to take care of (paperwork-wise.) I know ignorance of the law is no excuse but I am admitting my need and lack of pertinent knowledge when I hire a lawyer. I didn't realize all the paperwork and approvals I was going to need regarding the guardianship and only found out AFTER the time period had expired. Eh, it's water under they bridge, so they say. Anyway, thanks for you help. I guess I must have done my research well because you weren't really able to tell me much more than I already knew. lol

It's certainly unfortunate that you've had a bad experience with your attorney. Hopefully, you can get some help from Penndot and get back on track.
Ask Your Own Criminal Law Question
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,797
31,797 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My daughter is serving an eight year prison sentence in
My daughter is serving an eight year prison sentence in Nevada. She has an interstate agreement from Arkansas. Looking for forms to request her sentence in Arkansas run concurrent with Nevada. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
COULD THERE BE A SENTENCE REDUCTION GRANTED ON A CASE OF 6
COULD THERE BE A SENTENCE REDUCTION GRANTED ON A CASE OF 6 COUNTS OF SEXUAL ASSAULT & ONE POSSESION OF CHILD PORNOGRAPHY, WHICH 7YRS ARE BEING APPLIED FOR EACH COUNT BUT RUNNING CONCURRENT, 1ST DEGREE… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son is serving a 15 year sentence. He was sentenced in
My son is serving a 15 year sentence. He was sentenced in 2001. He had been on community control since 1998. When he went to prison he was credited for 5 months. I would like to know if he can get cre… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Is there some law that will stop a defended being sentenced
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In Louisana what kind of sentence could you expect for
In Louisana what kind of sentence could you expect for multiple check forgery for close to $8000 thanks, ***** *****… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
IF A FEDERAL JUDGE SENTENCE READS AS FOLLOWD.THE DEFENDANT
IF A FEDERAL JUDGE SENTENCE READS AS FOLLOWD.THE DEFENDANT IS HEREBY COMMITTED TO THE CUSTODY OF THE UNITED STATES BUREAU OF PRISIONS TO BE IMPRISONED FOR A TOTAL TERM OF 40 MONTHS.THIS SENTENCE IS TO… read more
Bappelman
Bappelman
Founder / Criminal Defense Lawyer
JD
313 satisfied customers
My fiancé was sentenced for stalking( falsely accused but
My fiancé was sentenced for stalking( falsely accused but irrelevant),receiving 2 years prison with three years probation. During the time when the charges occurred, he was charged an additional “aidi… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My boyfriend is currently serving 21 month sentence in a
Ok my boyfriend is currently serving 21 month sentence in a federal prison in Lisbon ohio.. we are from Cleveland Ohio. He has a case in lake county indiana. They have a warrant issued. Is there a way… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
56 satisfied customers
I received a deferred sentence in 2003, i completed it
i received a deferred sentence in 2003, i completed it satisfactoy i was under the impression it was then dismissed. i recently completed college and applied for my liscence and my charge showed up is… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
After being sentenced 6 years in a criminal felony charge
After being sentenced 6 years in a criminal felony charge and the public defender Attorney say they will appeal the Charges How do you know The public attorney had filed the appeal and how may days do… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x