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Can one judge change the sentence of another if judge is retired

Bluefield, VA |

got a dui in 05 paid cc & fines dun my time,petitioned cort to reinstate got lock box installed but now dmv says in 02 judge suspended my licens for 10 yrs for driving suspended he is retired now whare do i go from here

Attorney Answers 2


  1. Your description sounds like a rather confusing situation. You clearly need to determine what the current status of your driving record and how your driving record got to its current situation. You should get a copy of your driving record. Then, you should contact an experienced traffic lawyer licensed to practice in your state. This traffic lawyer can review your driving record with you and determine what the best options are for you in your situation.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com


  2. The long suspension of your driving privileges was probably the result of a conviction for Driving with a Suspended License as a Habitual Offender. Habitual Offender status is incredibly difficult to get removed. In my experience, any judge can remove the status, even if your former judge is now retired.

    Speak with a local criminal defense attorney to learn more about the requirements in the Blufield courts. Each judge has different standards. In Fairfax County, it usually requires proof of no driving behavior for several years, proof of an extended period of sobriety, and finally, an evaluation and posititive recommendation by the Alcohol Safety Action Program.

    Like I indicated earlier, it is a difficult task, but not impossible. An experienced attorney in your jurisdiction can review your record and help guide you through the legnthy process.

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