I got a DUI in 2004. I am trying to get the process started to get my license back. For my DUI evaluation, they requested a copy of the sworn report. We received confirmation from the circuit clerk that there was no sworn report. What does this mean for me or my case?
It means the statutory summary suspension was rescinded. It can make someone otherwise not eligible for an informal hearing eligible. Other than that it doesn't mean a lot.
When arrested the Police Officer will "usually" fill out a document called the "Sworn Report" The sworn report is the document that supports the imposition of the Statutory Summary Suspension (driver license suspension). It also has important information contained within it. Date of arrest; time of arrests; time of chemical test(s); what "reasonable grounds" the police officer had for stopping you (traffic violation) and some basic facts about your performance on any sobriety tests. This document will be most helpful to the evaluator as the evaluation will ask those questions. Without this document you are guessing and that spells disaster at the SOS office as your "new or updated evaluation" may contradict info that the SOS alraedy has in their possession. This is the last thing you want to do is contradict the established facts at a SOS hearing. IF you did NOT have a license suspension from this DUI arrest then a sworn report MAY not exist. If you DID have a license suspension there WILL be a sworn report.
1st: I'd contact the attorney who represented you to see if they retained a copy;
2nd: I'd look thru your own files to see if you can locate it.
3rd: you MAY still be able to get copies from the clerk and figure out that info; but if you do this I'd have the evaluator put an addendum together that indicates the paper work is no longer avaialable, that the info was provided from "memory" and that the times and info may be inaccurate due to the absence of those documents BUT the evaluator feels that you are forthright and truthful.
4th; the ORIGINAL evaluator may still have a copy. Check with them to determine.
5th: hire the BEST DUI DRIVERS LICENSE REINSTATEMENT ATTY that you can !!! It will be one of the best investments you'll EVER make !
G O O D L U C K !!!
Speak to a criminal defense lawyer regarding this case. It may mean the suspension issue will be set aside.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline