Home > Research Legal Advice > Criminal Defense > My son was charged with DUI,with possession of marijuana and parapherna...
Asked 4 months ago - Fort Wayne, IN
Flagcan he still get a hardship hearing? after the sentencing,or is it to late? If so how do we go about getting that hearing? he had no lawyer or representation. we are struggling trying to get him back and forth to work and he has to work to pay his fines and bills.
This is actually a rather complex issue. Both DUI and Possession of MJ (assuming a nexus with the vehicle) carry suspensions. Since you have referenced a 6 month suspension, it seems the suspension is linked to the possession charge. Your son should look to vacate the plea and be represented by competent counsel to limit his punishments if he chooses to plead guilty. A complete review of discovery should occur to ensure that his rights have been observed. Pleading guilty quickly and unrepresented usually presents problems.
No, it is not too late for a hearing. Assuming that it was the court that imposed the suspension, he just needs to go back in front of the judge and request the modification. If it was the department of Motor Vehicles who imposed it, or paralleled it, that the application for hardship needs to go to them also.
I can't directly advise you on the law or procedures in Indiana. You need to talk with one or more attorneys qualified to handle licensing issues in your state to find out what, if any, options are open to your son. I would do this as soon as possible as there may be time limitations that could presnet a roadblock if surpassed. Good luck.
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