I have absolutely no other legal issues, nor any other tickets. I am a full time student, work part time, and not driving is draining both myself and my family. I am no longer on probation, and completed IOP and a thousand other programs required as terms of my probation. It would be sad to think that I would not be a candidate for this program, but anyone who is convicted now could take advantage. Any ideas how to get started?
Criminal Defense Attorney
You can't. The new pilot-project is only for those convicted of their second or subsequent OWI on or after the effective date of the new law, which was January 1, 2011. Since your third conviction preceeds this date by two years, you cannot use it to get a restricted license. In addition, the new program doesn't even apply to all courts. It only applies to those that decide to participate in a sobriety-court program. Also, you'd have to be enrolled in that program as a term of your probation and you're not on probation anymore. Sorry. I agree with you that it's sad, but the courts simply couldn't back-date the law to allow for everyone who is revoked to enroll in it. The courts would then be overrun by thousands of new cases.
2 lawyers agree
DUI / DWI Attorney
I agree with the previous post. However, you may be eligible to pursue a restricted license through other means. If you are eligible, you can have a hearing through the Driver Assessment and Appeals Division of the Secretary of State. This is a very difficult process and should not be attempted alone by someone in your situation. It would be wise for you to seek the advice of a lawyer experienced in such matters. If you are approved, you will most likely get a restricted license with an interlock requirement. I have handled hundreds of these hearings with a high degree of success if you would like to speak to me.
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