Total Abstinence rule broken
In the 1990's I had several DUI's I had my licsense reinstatement After 4 years of completeing my rehabliation. its been almost ten years and was recently canceled and deny for IPS because of a abstinence rule broken. No charges are pending for drinking and driving. Because of this I am told by the Min dept of Public Safety I have to do 6 years of rehap. before reinsatment. What can I do? there is no crimal charge do I get attorney?
3 Answers from Attorneys
Re: Total Abstinence rule broken
You could retain a lawyer to help with this, but these cases are difficult for the driver, easy for the government -- alleged violations of no-alcohol restricted "B-Card" licenses. If you have evidence that you were no drinking or if it is important enough to you, you might consider hiring a lawyer. Time is of the essence. See Minnesota Statutes Section 171.19.
Re: Total Abstinence rule broken
You can bring a motion in district court to have your DL reinstated.
Do you have any basis to claim that you had not been drinking?
You should talk to an attorney in your area who is experienced in criminal law.
Re: Total Abstinence rule broken
The only way to challenge a violation of the "B" card restriction for no alcohol is to file a Petition for judicial review. You should do so within 30 dauys of receiving your cancellation notice. An evidentiary hearing will be scheduled wherein uyou must challenge the findinbg that you used alcohol. Any use of alcohol would result in the cancellation of your license.
For a consultation call 612.240.8005 or visit dwicounsel.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
