Skip to main content

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

Posted

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. www.figgardenlaw.com

Mark as helpful

1 comment

Asker

Posted

Thanks, I realize only a judge can hold someone in contempt. The "outsourced" public defender who "handled" my DWI will not advise as civil matters do not extend to his responsibilities. Talked to the clerk of court yesterday, and was advised to come in for proper form to file. Still would appreciate further advice on illegal arrest.

Posted

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?

Mark as helpful

1 comment

Asker

Posted

Therefore , it is hereby ordered, adjudged and decreed that: 1. the court hereby grants the Defendant's motion to suppress. 2. Any evidence that as obtained during the arresting officer's detention of the Defendant and/or any alleged refusal of Defendant to submit to a chemical breath analysis is hereby suppressed. Since asking the question on AVVO, I finally got the opportunity to speak with the asst. Attorney General. He provided me with an attachment of the affadavit and revocation report, case law of Hartman v. Robertson, and a copy of the DMV's hearing report. To my dismay, the DMV hearing officer did not refer to, mention, or address our viewing of the cop cam's video tape. In fact, he doesn't even have it listed as evidence! The video is the crux of my case. It shows that I was not weaving within my lane, nor does it show any traffic violation. I've e-mailed the asst. attorney general with my concerns, and all I can do is patiently wait for his response. Thank you very much for your assistance.

DUI court topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics