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Can I get my license reinstated?
Anonymous8 views4 answers
I lost my license due to a criminal charge 6 months ago. My lawyer said that it got suspended when I was charged and that it was a 6 months suspension. I recently got into an accident and I had a ticket for driving with a suspended license. I havnt been told if it added 6 months or not. All charges and fees have been paid off. Is there any chance to get it back or?
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
First things first, call the BMV and find out if your license is suspended. If it is suspended, you can ask them what steps are necessary to reinstate it. If these steps are relatively painless, you may want to just do as they ask. If they are very onerous, or they indicate you cannot get it reinstated, sit down for a consultation with a local traffic attorney to review your options. You may be able to apply for driving privileges or fight the suspension.
A conviction for certain criminal offenses in Alabama, such as unlawful possession of marijuana or a controlled substance, results in a six month suspension of your driving privilege. If you then get cited for driving while suspended and plead guilty or are found guilty BEFORE your license is reinstated, you will suffer an additional period of suspension. There is an appeal process to challenge action by the DMV, but timing with all of this is critical, so you should speak privately with a lawyer about your specific situation as soon as possible.
The Code of Alabama, 1975, section 13A-12-290 requires a mandatory six month suspension of driver license and/or privilege for any drug crime conviction. The suspension period starts not on the date of arrest, but after the Department of Public Safety receives notice from the clerk of the court of the underlying conviction. The Department will mail an official notice of suspension, with a specific start date, to the licensee's driver license address (usually residential address) which is usually 15 days after the Department received the notice and processed the suspension notice. Six months from that date entered by the Department, the licensee is eligible for reinstatement. There is a $275 reinstatement fee required by statute to reinstate a mandatory suspension for any drug offense. The Department will not send the licensee notice when the six months has expired. It is the responsibility of the licensee to determine that correct date and to make the required reinstatement payment.