DUI Question

[MWhiteDesigns]

Good evening,
I have a friend that was convicted of a DUI at the beginning of the year. When they were eligible to apply for a restricted, the courts said they needed their driving record and compliance record from DMV. When they went to get the records, DMV stated that the license was valid and wasn't suspended. The papers say his license was reinstated and it does not show on the driving record. In fact, there is nothing on his driving record.

What should his next steps be?

[SHMIV]

I got a DUI a while back. I got my restricted almost immediately afterwards. The thing is, as it was explained to me, that a license is either valid, restricted, suspended or revoked. It can only be one at a time, no combinations.

Apparently, DMV has some misinformation. I highly recommend that the next step taken by your friend be a consultation with his lawyer. I would do nothing before that.

[Rich]

I think his next step should be to not drink and drive.

[SHMIV]

I think his next step should be to not drink and drive.

That's a logical step. You've got to be careful, these days. .08 BAC is such a ridiculously low threshold for legal "drunkenness" that you can get a DUI after consuming a single beer.

[MWhiteDesigns]

Absolutely. I attempted to knock some sense into him after the first one but he didn't listen. But as SHMIV stated, even being under the legal limit isn't necessarily "legal" anymore. I've met quite a few people who have received DUIs under a .08.

[Rich]

Absolutely. I attempted to knock some sense into him after the first one but he didn't listen. But as SHMIV stated, even being under the legal limit isn't necessarily "legal" anymore. I've met quite a few people who have received DUIs under a .08.

It just isnt worth the risk these days. Besides the fact that you can get someone else hurt...it can just about ruin you financially. Some states, like Arizona, have a MINIMUM 30 days in jail for a second dui.

[Jfost11]

When you're charged with a traffic violation, the DMV is notified so they can hit your license with the appropriate point value for the offense. If the court decided to suspend the license and give you the option of a restricted one, they notify the DMV of everything at the same time. The license is suspended and a new one is issued with a red R on it once he goes in for it with the paperwork from the court to apply for a restricted license. A DUI usually results in the insurance company requiring an SR-22 be filed as well. Without that, they notify the DMV and they'll suspend a license. At the end of the restriction time, there is, or was a $105 reinstatement fee that has to be paid before they will issue a full license. If your friend is being told by the DMV that his license is good, he needs to get them to print off the page saying that and carry it with him. Maybe the court misplaced the paperwork and hasn't notified the DMV yet. Either way, he needs to go back to the DMV and be absolutely sure they are right and go to the court to be sure they have sent the info and that everyone is on the same page about what his sentence is. Go to another DMV if possible. I have lived somewhere that had a DMV full of absolute idiots that would swear to Moses they know the commandments better than he. The DMV doesn't care if they give you misinformation because it's only going to hurt you, not them. Being found guilty of driving on a suspended results in a mandatory license suspension of one year by the DMV, regardless of what the court sentences you to.

Years ago, I was sentenced to a restricted license and was told that the yellow sheet of paper given to me in court WAS my restricted license for the next 6 months. The truth was, that sheet of paper was what I had to give the DMV to apply for a restricted license. As far as the DMV was concerned, my license was suspended and I never attempted to get a restricted one. Of course I get pulled for a non-moving violation and end up getting charged with driving on a suspended. By the time I went to court, I was eligible to, and had already had my full license reinstated. The judge listened to my story and decided there was no need to fine me but since he was sure there was something I could have done to avoid the situation, he found me guilty and only ordered me to pay court costs. Let the nightmare begin.
As soon as the DMV got word, my license was suspended for one year. 3 months go by and I go through a road check without my wallet. I gave the cop my info while a friend ran down the street to get my license. Of course, when the cop ran my name and social, it came back suspended and I was cited again for driving on a suspended. Despite the suspension in the system, the cop let me drive away with my license. When we went to court, the cop lied to the judge and said I told him my license was suspended despite him telling my lawyer five minutes before that he remembered me swearing my license was valid, me producing it for him, and him allowing me to drive away. He also presented a copy of a letter issued to me by the DMV and sent via regular mail , that stated my license was suspended. I never received it. The only reason I had that charge dropped was a DMV letter issued the day after the previously mentioned letter and sent to me via certified mail stating my license was valid.
I went to the judge that found me guilty and told him what happened. He said he was unaware of any such penalty and immediately wrote an official letter to give to the DMV. It instructed them to reinstate my license. The DMV literally laughed at me. I went back to the judge who looked it up and studied the policy only to conclude there was nothing that could be done other than waiting out the suspension.
9 months later I had my license again only to be stopped and have a confused dispatcher tell the cop I had a suspended license. A print out from the DMV caused the cop tear up that ticket and give my license back but I have no trust in the DMV anymore.

Moral of the story is you're friend better cover his own butt.

[SHMIV]

I had to pay my reinstatement fee BEFORE getting my restricted license. I cannot remember the cost, though.

I also had to carry my "green sheet" with me, where ever I went, because that paper listed the restrictions that I was burdened with, which wasn't much. Basically, because of the nature of my employment, I just couldn't drive between 10 pm and 5:59 am.

By the time my restrictions were lifted, I was living in Florida. I drove for a year after that with a big red R on my license, and continued carrying that green sheet (which saved my hide more than once). I kept them both until I moved back to Virginia and got a new license.

I will point out, though, that, aside from a night in jail and the hassle of court, NOTHING about my DUI case was typical. As Jfost said, your buddy best cover his hindquarters.

[MWhiteDesigns]

Update:
He went to DMV and stated he lost his licensed and needed a replacement. Well, they issued another license to him and gave him a temporary paper until it arrives in the mail. He also received a stamped certification of his driving record stating his license was valid.

[lizjimbo]

Here is the problem! Your friend will always be looking over his shoulder.