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Court ordered DMV to suppress "alleged" refusal 2/27, but license still suspended after nearly 2 months. Now what?

Pittsboro, NC |

From previous asked question, "Judge & DA granted motion to suppress stop. Implied consent offense upheld." DMV sent the court order to the atty general's office. I've left 7 messages with the asst atty general in DMV section to no avail. When calling DMV for updates, hearing officers are stunned at the delay. Can I hold either party in contempt of court? Is there a civil law attorney that's willing to take my case on contingency? My case was dismissed after showing the video of my stop, and the officer's lack of articulable suspicion. The officer refused to perform sobriety tests, and refused to allow female officer to pat me down. The video shows officer tackling me to the ground in making an illegal arrest.

Attorney Answers 2

  1. You personally cannot hold someone in legal contempt. A judge must do that.

    Were you represented in the matter? If so, I would contact the attorney who handled your case for advice. Otherwise, you might have to get advice from the court clerk as to how to get another hearing so the judge can help enforce his order.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

  2. More information is needed here. As you are probably aware, the Division of Motor Vehicles will suspend your license upon a probably executed affidavit alleging a refusal to submit to a chemical analysis when an officer had reasonable grounds to request the submission. This suspension is civil in nature, not criminal. Nonetheless, the judge's order may be binding upon the DMV. Was the order reduced to writing? If so, what did it state?