My last DUI was 10 years ago and I have 4 in total. I had 3 in college back to back. I haven't had a drink in over 6 years. However, I was arrested about a year and a half ago on domestic charges that the prosecutor chose to not file because it just didn't happen. I got the police report yesterday and to find out that the woman that called the police also told them that I am a drug addict for crack cocaine. I have never taken any drugs and in the past 5 years have not had any alcohol, drug or traffic offenses. My question would be, can the DUI Counterattack use that false allegation against me to deny my license. I have already completed the hearing with the HWSMV and they granted me permission to move forward but i have to be supervised by a Special supervision Program
It is possible that they could dig up this person to testify against you. The program you speak of is to make sure you are not using drugs now and in the future. The charges you speak of were dropped, so it seems pretty clear that this person is not credible. If you suspect any problems to ensue from that, you should hire an attorney. Also, if you were arrested without probable cause, and the charges were dropped, you may have the ability to sue the police for false arrest. Your time may be running out to file a claim very soon.
The DHSMV is an administrative agency which is not bound to the same rules regulations as the court system. In my opinion, it is unlikely that they would consider a third party's allegations of drug and alcohol abuse given the circumstances. That being said, I suggest contacting an attorney in your area to help you fully address this issue.
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