Legal Question in Traffic Law in Iowa

Dot

I had my first and only OWI back in Aug of 2007...have been on ''self'' probation since then with the DOT, with NO traffic violations the entire time until now. I have been working very hard at not doing anything wrong. My probation was to be complete in June of 2009. A few weeks ago I simply did not come to a complete stop at a flashing red light and received a ticket for ''failure to obey traffic device''. I received a letter from the DOT stating that I need to surrender my driver license and that my driving priviliges have been suspended until November of 2009. I am a single mom with full custody of my 2 children. I work full time as a nurse...and recently was chosen to be the ONLY nurse to keep her full time job at my workplace. I also take care of my mom when her health is less than good. This will devastate my life...as survival is difficult as it is. The letter from the DOT states that I have a right to appeal this action. How do I go about this and do I even stand a chance at this action either being waived or delayed?


Asked on 4/20/09, 9:29 am

2 Answers from Attorneys
Robert Luedeman solo practitioner

Re: Dot

Stop fooling around and hire yourself a good lawyer pronto. You've got a lot to lose.

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Answered on 4/20/09, 10:12 am
John A. Birdsall Birdsall Law Offices, S.C.

Re: Dot

You should be eligible for an "occupational" license which will allow you to drive during certain periods of the day (getting to and from work, childcare, etc.). If you are now ineligible, you can apply to the judge that sentenced you for an order requiring the DMV to issue you one on hardship grounds. I can't imagine you would be turned down on the facts you presented.

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Answered on 4/20/09, 11:53 am


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