Can the IDRC go against a judge's ruling?
I know IDRC has the power of God to keep me from ever getting my license (which they may do cause I was an a$$hole w them numerous times) but if a Judge is saying its a 1st offense and the DMV is showing it as a 1st offense can the IDRC say its my 2nd? Is it completely irrelevant since the IDRC sets whats needed to be in compliance without basis? How are they able to say anything and get away w it?
4 attorney answers
If you have a problem with the IDRC, I would contact your attorney who handled the refusal. The sentencing judge should you have put his/her findings on the record at the time that you were sentenced for the refusal. You may want to obtain that transcript to see the exact words of the Court. This, in concert with your sentencing form, should be presented to the IDRC to clear up any discrepancies. In case is does not, perhaps your attorney can make a call.
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I have a client with an IDRC issue which I am litigating now. How to fight the IDRC depends upon what law and administrative regulation they violate.
The bottom line is this: you either do what they "ask" and hope for the best or you do some of what they do and litigate the rest. It means paying a lawyer, not necessarily the lawyer that handled your DWI case.
A Superior Court Judge I worked with decades ago at the beginning of my legal career would often remind me: Bob: is the game worth the candle? Someone like me can help you assess the answer to that question.
You can litigate and the Judge can overrule the IDRC, But the time it will take to accomplish that is more than the 16 week program. Compliance may be the lesser of two evils.