I was arrested on 7/29 for a DUI. Had 10 days full license and received hardship a few days later for the 42 days. Lost license again on 9/15 and court was 9/22. Received 6 months license suspension but my lawyer stated I may be able to file for hardship 90 days without license. My question is...when does that 90 days begin? The date of arrest, the day after the harship expired, court date, when? Do the days on hardship count and full suspension towards the 90 days? Aggravated, have called my lawyer and he has not contacted me back. Thank you.
Based on what you wrote, it sounds as if you were arrested for DUI on July 29, 2010 and refused a breath test. If that is true and if it was a first refusal, your license would be suspended for one year, until July 28, 2011. Ninety days of that suspension would be "hard time" meaning no hardship permit allowed, and that period, again based on what you wrote, would go from September 15, 2010 through December 14, 2010. The time from July 29 through September 15 would count toward your one year refusal suspension, but not your "hard time."
It also sounds like you plead your case out on September 22, 2010 and received a Court suspension of six months. The good news is that those six months will run at the same time or concurrently with the one year suspension you have anyway. On December 14, 2010 you will eligible for a hardship license. Since your Court case is over, you will have to show proof of completion (not just enrollment) in DUI School to get this hardship license. You can keep that license until July 28, 2011 when it will become a fully valid license again.
Try to discuss this with your lawyer. I am basing my answer on some assumptions from the facts you provided, and your lawyer is in the best position to advise you. Good luck.
Looks like the only credit you will get, as of the date of your suspension on the 22nd, is for the seven days between the 15th and the 22nd.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
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