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Had my license taken when arrested for DWI.Was never given refusal hearing paperwork and told this to my lawyer who said she would look into right away and contact me if a date had been scheduled.About 8 days ago I received a letter from DMV with my drivers license without explanation of why it was returned to me.8 days later I received letter from DMV that says my license was revoked due to default hearing on the date I received my drivers license in the mail.I never was informed of hearing date by mail or in court at arraignment.I have called and e-mailed my lawyer and still have not been contacted about how or why this happened and how I should proceed.The DMV letter also says that I have until June to appeal the hearing.What should I do next?
You need to make an appt w/your atty asap b/c they can and will re-schedule the hearing that was missed. It can be...
My attorney was suppose to contact the court/DMV to see if a refusal hearing date was set but never did so and as a result I had a default DMV hearing because I never knew it was scheduled after not receiving this paperwork at arraignment or in the mail (the court never gave me refusal hearing date at arraignment and attorney told me not to contact either in case they did not file it). My attorney said he would subpoena the court for transcript proving that they never issued it to me at arraignment despite the clerk having it on file that it was given to me. If the judge never mentioned this document at arraignment how will this help my DMV refusal hearing? I also mentioned to the judge at arraignment that I requested a blood test and was never given one by the officers.
In reality, if your attorney calls DMV and advises them it was not served at arraignment, they will re-schedule the...
The court/police station never gave me or sent 1205 refusal hearing form to DMV. The DMV has since sent me back my drivers license without any explanation.I called DMV and they said my license was suspended for 15 days but it is now valid. Will this help my DWI case? Also, will the cops/court still be able to file the 1205 form?It has been almost a month since getting my DWI. Thank you!
Since the refusal hearing is civil and the DWI (along with the citation for refusing) is criminal, the fact that no...
Received my license back in mail today after it was taken away in court after getting a DWI about 3 weeks ago. Why did this happen and what does it mean? I had also been charged with a refused breathalyzer. I haven't been to court since getting my DWI.The card sent to me says drivers license on it. Called DMV and they said license was suspended for 15 days and now is valid, but they couldnt tell me why this happened. Was never given refusal hearing papers in court, at police station, or in the mail. There hasn't been any refusal hearing that I know of and I have never been to a refusal hearing or even been scheduled for a refusal hearing. I surrendered my license at arraignment. There is no explanation on DMV paperwork as to why I was sent my license back. It just says "here is.Thank you!
Sounds like a clerical error you should be thankful for. Hire an attorney to handle the Dwi and he can manage this...
If I am convicted of a second DWI felony in NY will I lose my financial aid for college?
It is a conviction so it could affect your financial aid. You would need to read your specific aid package. Joseph A....
*Please read full question before responding* According to the NY DMV website: "Most suspensions and revocations are only displayed on the driving record abstract for 4 years from the date the suspension or revocation ended. Suspensions for a chemical test refusal are displayed for 5 years from the date of suspension" (http://dmv.ny.gov/node/1444). This specifies about SUSPENSIONS for a chemical test refusal, but not revocations. If a license was revoked for chemical test refusal from a period of 12/09/2010-02/07/2012, will this remain on the Abstract of Driving Record until a) 12/09/2014; b) 12/09/2015; c) 02/07/2016; or d) 02/07/2017? Thank you.
The best place to seek an answer to your question is to call DMV directly and ask.
My husband was originally arrested for numerous charges, including DWI. He was not convicted of DWI, and this charge has been sealed from his criminal record. However, I realize that the DMV is a separate entity to deal with. His license was suspended immediately due to a chemical test refusal. It was then revoked after a DMV hearing. Is it possible to remove this from the driving abstract? Will it ever go away after a certain time period, or will it be on the record permanently? What about if we move to another state? Thank you.
This chemical test refusal and revocation are part of his permanent DMV record in New York State. There is no way to...