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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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I had a dui 7 years ago and was convicted of a second

Customer Question

Hello? I had a dui 7 years ago and was convicted of a second because the cop thought I might drive (I wasn't going to and they beat me up.) Anyway, I completed the 3 mo dui program and took a leave of absence for 2 yrs from the 18 mo program when my father had a stroke. I am his primary care giver. So they suspended my license when my loa expired and they couldn't contact me even though I gave them my updated info (partly my fault as I should have called them). SO my license is suspended until I complete the 18 mo program. I hired an expensive lawyer but she was completely out to lunch. I have a letter from my father's doctor stating that if I can't get him to and from his appointments, he will die sooner rather than later. I love my dad and do not want to lose him. But if (God forbid) anything happens to him, I plan to sue the DMV.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

Is there a specific question with which I could assist?

Customer: replied 10 months ago.
my lawyer went to court on my behalf and even though the point was to prove a critical need for a restricted license, she didn't even present that to the judge. She just asked if I could re-enroll in the 18 mo program. Then she told me to go to the DMV with proff of re-enrollment and she thought they would give me my license back. I am going there this week, but they won't because you have to complete the 18 mo program first unless you prove critical need. My dad will not be alive 18 mos from now, he is dying of heart failure. So, my questions are: 1) Will the DMV give me a restricted license and 2) If they don't my dad can die. How and why would they do this to us? Something just seems very very wrong here.
Expert:  Dwayne B. replied 10 months ago.

1) The DMV is likely to give you some type of restricted license, what is generally referred to as an "occupational license" or "hardship license". Usually this is first approved through the court but I can't tell from your facts if the judge approved it or not. If your lawyer didn't tell you to get the info from your father's doctors then they should have. You may even want to hire another lawyer, look for one that does criminal law, to look over your paperwork and the court's orders and the docket sheet to see if anything is missing. Most judges are willing to approve a hardship license with very specific restrictions on it. You can expect to be limited to only certain hours and to be allowed to drive only on certain tasks.

As to a critical need, the letters from your father's doctors should take care of that or, worst case, your lawyer can do a deposition of the doctors which is questioning under oath and use that to prove the need. If you are at the stage where the court can approve it then it is likely the local lawyer will know what your specific judge requires and how tough, or lenient, they are.

2) This question is kind of rhetorical but basically the DMV can do it because you got two DWIs and didn't finish the requirements placed on you by the court. The courts have long held that a drivers license is a privilege, not a right, and they can choose not to give you a license if you don't jump through all of their hoops.

Customer: replied 10 months ago.
I did give my lawyer the medical documentation, but she didn't even bring it up or petition for a restricted license. I am just afraid that they won't give me one without me hiring a different lawyer and going back to court...all the while my dad will be missing his appointments. I also am angry at my lawyer because I feel that she ripped me off.
Expert:  Dwayne B. replied 10 months ago.

It sounds like the lawyer may not have been that skilled. You definitely want the record to contain all of the medical info but the most important thing to do is to get the correct medical info showing why it is necessary for you to drive him.