Reinstated license gets suspended after drug conviction using same bac results

[tamsen]

I was pulled over for no reg.tags, my rights violated to the max. Illegal search produced drugs and I was arrested. Standard procedure called for a blood test. 30+ days after my arrest the DMV sent me a letter reinstating my cdl because my bac was .01. During my pretrials I requested the video in the OCSD vehicle as evidence of my rights that were violated. 4 months and several court appearances (non jury) later, the OCSD told the judge they could not find the video.(right!) My lawyer requested additional $$$ to file a motion on the missing video and suggested I was better off taking the sentence reduction (the court was offering based on the missing video) The prosecutor, on this last day, agreed, unhappily, to the sentence but only with the additional charge of DUI. At no time during my arrest, interrogation or other, up until this day was there any mention of me being under the influence.(drugs) The arresting officers kept me at the scene for over an hour, their substation for 2-3 hours and then to OCJ where I was booked and tested. I was not pulled over for a DUI, arrested or suspect for there of. Is there any chance of an appeal with the DMV since they suspended that which they had already reinstated?

 

[bini]

To: Tamsen

First let me start by saying that the only people that can suspend a license is the DMV. Alot of people think the courts can but they can't.

You state that your license was suspended after you were pulled over. After 30+ days it was reinstated, then resuspended after your sentence.

The reason it was suspended a second time was because you pled guilty on a D.U.I. charge. It does not matter what your B.A.C. was. All that matters is that you have a D.U.I. charge. Let me give you an example to better explain.

When I got my D.U.I. I did not take a breatalyzer so my license was automatically suspended. The police officer messed up on the paper work so my license was reinstated (because of a technicality). When I went to court I was found not guilty, therefore I kept my license. On the other hand if I had been found guilty the DMV would have then had a reason to suspend my license again.

The only way to keep your license is to not only keep your license from the DMV (which you did, after 30+ days), but to also be found not guilty in court.

I do not know if you can appeal this, since you pled guilty.
I do know that you need to get another attorney. The attorney you have sounds very incompetent. Basically what you did was plea guilty to something you were not guilty of (D.U.I.), and your attorney did not fully explain the consequences of those actions.

On my case I talked to several attorneys and most of them wanted the easy way out (wanted me to plea bargain and then they would try to get the minimum sentence for me). It sounds like this is maybe what happened to you. Finally I wrote down in my own words what happened and started telling the attorneys "I WILL NOT BARGAIN, WILL YOU FIGHT FOR ME" I finally found one, and believe it or not he was the cheapest there was, it cost me $500.00 and the charges were 2nd D.U.I., Battery on a Law enforcement officer and a couple of other small charges.

Maybe this is what you need to do and anyone else that reads this. If you are not guilty. Then find an attorney that will fight for you. "If You Do Decide To Plea Bargain Then Fully Understand The Consequences Of Those Actions".

Good Luck to You

Bini.

P.S. Please remember that this is only advice and written from own experience.

 

[Pandora18505]

I will tell you from past experience once the dmv receives documentation which will warrent your liscense suspension good luck getting it removed i to have a cdl and went through a court case was found not guilty but my liscense was suspended and even with the not guilty verdict i could not get it removed from my mvr because they said something to the effect of the dmv being lesgislative and once its there it won't be removed