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How do I get my license back after suspension.

Fresno, CA |

I was pulled over in Feb. 2010 for brake light out. When officer came to car he said he smelt Canabis. I told him that I had not been smoking but there was a roach in the car. He took my blood test and of course it tested positive, but I had not been smoking that day. I have since gone to a Dr. and received my Medicinal Marijuana card, I have chronic pain and use marijuana for medicinal reasons. I went to DMV court this Monday and explained to court officer. Today I get notice that my license is suspended as of Oct. 23, 2010 for chronic /habitual use of drugs. My use is no different than a person whom takes Codine for pain when they get home. How do I get this through to the DMV Court. Should I have my Dr. write me a letter?

Attorney Answers 3


This is the exact reason why you hire an attorney to deal with the DMV and not try to represent yourself. The funny thing is if you were arrested for a marijuana DUI the DMV would not have suspended your license. The reason they suspended your license is your insistence on the fact that you have a medical marijuana card and need medical marijuana to assist you with a chronic problem. Try to understand that having a medical marijuana card does not allow you to smoke marijuana or have marijuana on you everywhere you go. This is especially true if you plan on driving. The DMV will suspend anyone’s license if they feel that person is constantly on a drug prescribed or not due to the dangers it creates to the community. I fear that you trying to talk your way out of this will just lead to more problems. Please hire a trained professional that knows what to say and how to say it so that you do not get yourself in more trouble. Hire an attorney.
Robert driessen

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The DMV will suspend your license if they feel you possess a risk as a result of your MJ use. The MJ card told them that you are a chronic user and even though it may be allowed, you still cannot drive "under the influence". You need to have an attoney who specializes in DUI to handle the DMV. You will have to prove to the DMV that you do not present a risk to the driving public.

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Appeal the ruling. there is a form your doctor needs to fill out to show the DMV you do not pose a risk. Hire a qualified attorney like Mr. Wapner to assist you. He is listed at the Ca. Dui Lawyers Assoc. website as qualified to handle just this typw of case.(other attys. may be found there , as well)

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