Had a failure to submit to the breathalyzer (I had no idea how much trouble that would put me in ) I went to court and the Judge sentenced me as a 1st offender. Simultaneously, my "real" 1st, dui 9 years ago was being contested and subsequently, dismissed. However, IDRC followed protocol (I'm assuming there is in fact a protocol) and treated me as a 2nd offender stating in an email: "The 2009 offense was not vacated until after you attended the class, therefore when you were screened, that offense was taken into consideration. Regardless, even if the 2009 offense was not listed on your abstract, it would NOT have changed the outcome regarding referral for evaluation. The Refusal & DUI charge are 2 separate offenses, despite having occurred on the same date."
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?
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.
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.
THE ANSWER TO YOUR INQUIRY IS BASED ON THE LAWS AS THEY EXIST AT THE TIME OF MY RESPONSE. DO NOT RESPOND TO MY ANSWER. MESSAGE ME IF YOU HAVE A CRIMINAL OR SERIOUS TRAFFIC TICKET MATTER. THIS WEBSITE IS NOT SECURE. Anything sent over the internet is NOT private and subject to intercept by the Police and the Prosecutor and could be used against you in court. If you have a question set up a private in office consultation where everything you say is protected under the Attorney Client Privilege.
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.
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