The dui charge was changed to carless...but i the state wont give my cdl back,,,how can i have the implied concent taken off

Asked about 4 years ago - Grand Rapids, MN

i need to drivbe again to care for my family the dui was taken off how do i get the impiied concent off???

Attorney answers (4)

  1. Maury Devereau Beaulier

    Contributor Level 19

    Answered . Under Minnesota law, the criminal case resulting in potential jail time and fines is entirely separate from the civil Implied consent proceeding which results in the revocation of you rlicense.

    To avoid a license revocation, you must essentially sue the state by servining and filing a Petitoin for Judicial review. That document must be served and filed within thirty (30) days of the issuance of the revocation notice. What happens in the criminal case does not impact the license revocation

    For Minnesota issues visit dwicounsel.com

  2. Donald John Ramsell

    Contributor Level 14

    Answered . You need to have the DMV remove it. If you did not hire an attorney, you may have missed an important deadline that would have helped you do this.

  3. Michael J. Nichols

    Contributor Level 9

    Answered . I agree with Mr. Ramsell. However, I am concerned with the second part of your answer: were you found guilty of refusing a chemical test even though the dui was dismissed in favor of a careless? More information may help me give you some guidance. Also - are you in Grand Rapids MI or MN? mnichols@nicholslaw.net

  4. Kevin James Trombold

    Contributor Level 8

    Answered . This is a very complicated and specific area of law in Washington State. You should call a lawyer in your jurisdiction for the best advice.

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