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I am thinking about fighting to get my driver's lisence back. I am widowed, handicapped & seeing a doctor every two weeks.

Cleveland, TN |

On Dec. 9, 2012 I was reaching over to my glove box to get a CD. I went off the road & someone called the local police there & told them I was driving drunk. First of all, I DO NOT DRINK! The cop stopped me & I immediately pulled over. He offered no breath test, but did give me a field sobriety test. I couldn't pass some of it because I have 4 pedical screws in my back & cannot walk without a limp, much less walk toe to toe. He arrested me after about an hour & we sat there & talked & smoked waiting for my sister in law to come get my car. We went to have my blood drawn at the hospital & after the 5th stick the officer made them stop poking me because they were blowing my veins. So, all they have on me is the field test video. It was dropped to a misdemeanor. What are my chances?

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Attorney answers 4


Go speak to a competent attorney in person.

Your question is lacking necessary information and clarity. There is a definite sense (maybe it is just me) in your question that that you have already lost your license (did you surrender it in lieu of bond?). It would seem that you were charged with reckless driving, possibly DUI, and likely speeding and you plead to some offence that resulted in you loosing your license (due to points or statute I cannot tell). Now you want to use the court to get your license back.

Typically, a license is restored/reinstated by administrative action through the DMV and not judicially. If you want to retract a plea; then, you need to speak with a competent attorney as soon as possible.

"I am thinking about fighting to get my driver's license back." Unless you have already been convicted your license should not be suspended or revoked.

"It was dropped to a misdemeanor." What exactly do you mean by this statement? A DUI 1st through 3rd is a class A misdemeanor in Tennessee. Most other driving related charges are also misdemeanours. Did you plead to something and lose your license due to points? If so, administrative reinstatement through the DMV is likely the best course and I would highly doubt that going back to court is going to help much (it is hard to say without more information though).

Unless I am missing something, I just don't think anyone can answer your question based on the information provided. Sorry. Please seek a consultation with a competent attorney familiar with traffic violations.

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You definitely need to an attorney in your area. DUI in TN is already a misdemeanor unless you have some aggravating factors that you aren't presenting. Anyway the bottom line is speak to an attorney quickly.

"Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."


It sounds like you certainly have a chance of beating the charge of Driving Under the Influence, although influence can mean things other than alcohol, for example if your were taking prescription medication that indicates you should not drive while taking it can be enough. I am unclear from your question if you have already been convicted or if your are inquiring about whether it can be reduced. If you have already been convicted then unless you have a valid ground to vacate the plea then there is nothing you can do to get your license back until you are eligible with the department of safety again although you may qualify for a restricted license which you can use to drive to work or school or anywhere if you have the interlock device installed.

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A DUI is a misdemeanor unless your fourth. It sounds like you have a great case. Hire an attorney and fight it. Be aware that your medically prescribed medications can be used to "prove" DUI. Ask your atty about this.
Claiborne Ferguson

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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