Legal Question in DUI Law in New Jersey
License suspension due to IDRC
My husband had a DUI in Florida in 1990. He did his time. In 1997 Florida sent a letter stateing that he had to pay some fines if not his NJ license would be suspended. We paid the fines and showed the clearence letter from Florida to NJ DMV so he did not lose his license. I enrolled him in the IDRC program (it was not court order) They told my husband to do AA meetings. After only 5 mins sitting with him they thought he had a drinking problem. The problem is my husband has not drank since 1992. Since the IDRC class was not court order can we fight and win to get my husbands license back even though he did not do all the AA meetings?
Thank you for any input you can give me.
2 Answers from Attorneys
Re: License suspension due to IDRC
There is nothing in your question that indicates why your husband lost his license. According to the question, he had a DUI in Florida, did his time, and apparently, at some unknown time, got a NJ license which he was about to lose, but he did not, because of proofs you showed NJDMV. Then, he went to IDRC (why? This is not clear) and because of that, you say he cannot get his license back. Again, you do not say when he lost it. No answer can be given without a more clear question, stating exactly the appropriate dates when he lost his license and got it back.
Re: License suspension due to IDRC
Please be adivsed that I have not been retained to represent you and I am basing this response on the limited information supplied. However, from what you stated, the DMV and the IDRC have no relationship to each other in this particular case. Alcoholics can have the privilege to drive as long as they are not driving while intoxicated. In light of that, I do not believe, from the facts supplied, that your husband would lose his New Jersey driver's license as a result of withdrawing from the program. However, also be advised that a driver's license is a privilege and NOT a right. Therefore, the DMV may revoke the privilege if there is reason to do so. If you would like to discuss this further, feel free to contact me at 908-537-7975.
GOOD LUCK