Hi. I got my first DUI in May of 2018. The judge ended up giving me a restricted drivers license which lead to me getting an ignition interlock in my car and having to take ASAP classes. I have been taking my classes and paying for my interlock each month. In July I blew a violation on my interlock which caused me to have to appear in court on August 16 2018 to explain why. At court my ASAP case manager was present. After explaining to the judge why I blew a violation he found me guilty and gave me a fine. He also told me that he WAS NOT going to take my drivers license because I'm working. It says on my court papers that my drivers license was NOT surrendered to the court. I got a paper in the mail from DMV dated September 20 2018 saying that my driving privilege has been revoked since my court date on August 16 2018 by my ASAP class and will be until August of 2019. I have been going to ASAP and STILL paying for my interlock since my court date in August and the whole time my drivers license was revoked without me knowing. Can ASAP still revoke my drivers license after the judge said that he WAS NOT taking my license away and I have the court papers to prove it?
Yeah man, I hate to say it but ASAP has a lot of pull, and the DMV basically answers to no one. What I bet happened is that the judge didn't further suspend your license, but the DMV made an administrative decision. I don't even know if there's anything you can do about that. Gotta watch it with those interlocks though, they're sensitive.
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I think the first step in addressing your situation is information gathering. I recommend getting a copy of the disposition of the case from the court clerk to see what it says. It might reflect a license suspension, even if the Court did not intend to impose one. Sometimes court clerks mistakenly report a suspension to DMV even though one was not imposed by the Court. In addition, there is subsection C of 18.2-271.1, which seems to say if the Court finds you in violation, the Court is required to notify DMV, which in turn triggers a suspension.
If the disposition document doesn't provide an answer, then I think you should ask VASAP about this, and ask if they communicated a license suspension to DMV. In addition, you should to to DMV and get both a driving record and a compliance summary, as they may shed some light on the situation.
Once you have this information, you may want to sit down in person with an experienced, respected and successful Virginia Criminal & DUI/DWI Defense Lawyer.
Best of luck.
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