Today was advised by my lawyer to accept a plea agreement for driving while under the influence of controlled substance Ambien. Plea agreement was accepted, guilty to a 3rd degree DUI, dropping 2 counts of child endangerment and a 4th degree DUI. Once my DL is taken by the state, how do I get it back. How do I handle plate impoundment as the vehicle I was driving is not in my name. How does this effect other vehicles in our household as none of our vehicles are in my name?
Based on the details you provided, it sounds like you don't have any prior DWI convictions. If that's true, you will be receiving a letter from the DMV revoking your license for 90 days and a separate letter impounding your license plates for one year.
You should be eligible for a limited license after you serve 15 of those 90 days of revocation. You can go to a local DMV office to prepay the reinstatement fee of $680 and take the written DWI test. Then you will speak with a driver evaluator to set up the parameters of your limited license.
As for the plate impoundment, it applies to the vehicle you drove during the offense and any other vehicle with your name on the title. Once you have your limited license set up, you can buy those plates yourself at the DMV. Or, you can get them before then if you go to the DMV with another licensed driver who lives in your household.
Make sure you consult with your attorney about these questions, as he or she will have the best advice given their knowledge of the details of your case.
You can do one of two things. First, you can fight the suspension in an administrative hearing. If you attempt this, you will have to make sure all the procedural steps are taken correctly; otherwise you will lose your opportunity to fight it. There are filing fees that involved in this process.
Second, you can attempt to obtain a limited purpose license. This will allow you to drive to work and other places of necessity. Not knowing too much about your case, there is a chance the 90 day suspension could be reduced to 30 days since you pled to a DWI. Either way, you will have to pay fees of approximately $700 to be able to legally drive again.
This was just some generic information, since as the previous attorneys have stated, I don't know much about your case so your attorney would be in the best situation to answer the questions. I don't know if you had a private attorney or a public defender; however, if it was a public defender, then I don't believe they could actually help you with the license and plates issued, since they are actually civil actions and not criminal.
I hope you find this information helpful, and I wish you the best of luck.
Hello. Your own attorney will be happy to tell you exactly what you need to for your circumstances, and what all of your options now are. It is your own attorney who best knows all of the details of your case and its issues and who can best advise you. This website provides general information, not private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
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