I am currently serving weekend jail time for driving on a suspended (3rd Offense). I have also retained a lawyer to begin filing chapter 13 bankruptcy due to a year of unemployment ( I currently have a good job). My bankruptcy attorney said he is going to include my court fines into my bankruptcy. Once my bankruptcy is completed I intend to petition the Virginia Beach Court for a restricted license so I can drive to and from work. How would I begin that process, and will I need to retain an attorney for this process?
DUI / DWI Attorney
A restricted license is something many (but not all) judges do not have a big problem with, especially if you want to drive to a specific work location, place of worship, or if you need medical care. Does your bankruptcy lawyer not have any idea about criminal law or traffic law? Perhaps he does not, and that's fine. It doesn't mean he's not an excellent bankruptcy lawyer. Why not ask him if he knows any local traffic/defense attorneys? I'll bet that he does. And if you are lucky, perhaps he would be cool with filing a restricted license application on your behalf. Since you have a 3rd suspended offense and you are serving jail time, I do think that fact complicates the situation, and so do not think any less of your bankruptcy lawyer should he refer you to a traffic/defense attorney.
This is not legal advice: it is intended to be used for general informational or educational purposes only. For a free case evaluation, visit FairfaxCountyCriminalDefense.com.
Criminal Defense Attorney
Petitioning for a restricted license is something that an attorney can certainly assist you with. You are always more likely to prevail with experienced counsel representing you.
Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.
General Practice Lawyer
I agree with my colleague -- an experienced attorney can really help here!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Personal Injury Lawyer
You are entitled to seek a restricted license by statute (unless DMV or the court notifies you that you are not eligible), but if you do so by yourself, you will likely be facing opposition from the Commonwealth Attorney's office and also be subject to making errors in procedure that might de-rail your efforts. Look for and talk to an attorney who commits to explaining the process, costs, expected result and time involved - then you should feel comfortable using him/her. Good luck.