I pled guilty to a DUI in 2002 and again in 2008. In 2009, I was charged with a 3rd DUI and had the charges dismissed. I had a public defender in the case and was never informed of the fact of the difference in a criminal and civil case. Is there any way of having my civil case tried after the time limit and having it removed from my record. I repeatedly asked to consult with an attorney, but because of the time of day I could not get in contact with one. I was held from using the bathroom until I took the breathalyzer. Thanks for the help!
2 Answers from Attorneys
The civil case with regard to license cancellation is a separate case from the criminal matter. It must be challenged within 30 days after the revocation/cancellation notice is received. If you had a public defender, a public defender only handles criminal cases, and though they should inform you of the civil proceedings, they cannot represent you in that proceeding.
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