2nd refusal and reduced to wreckless driving
This is my 2nd refusal outside of 5 years. 1st one was DUI conviction, and had the 2nd DUI reduced to wreckless driving: question is 2 part
1) Can I still get a work permit even with 2 refusals in a 15 year period?
2) What are the penalties of driving with a suspended license from DMV only, because courts didn't suspend license?
1 Answer from Attorneys
Re: 2nd refusal and reduced to wreckless driving
Administratively, in other words the DMV, will automatically suspend your license w/o being able to obtain a work permit/hardship license for one year on the 2nd refusal regardless of how many years have passed between DUI arrests and whether it was broken down to a reckless charge. The only way out of it is to request an administrative hearing on legal grounds that the refusal was not really a refusal. As far as driving on a suspended license, as a former prosecutor, I only dealt with it from the court perpective and as a defense attorney I have not come across the issue. However, usually the administrative penalty mimics the criminal punishment.
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