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Can a DPS administrative review be taken to a jury trial
Anonymous1 views4 answers
The Minnesota DPS has charged me with an interlock program violation of " fewer than thirty initial tests in a month" I asked for a review and sent a letter explaining that I have a limited license with an employee exemption.. I drive my company issued work vehicle for to and from work and for work.. I do not drive my vehicle with my interlock because I can't drive two vehicles at the same time to work. I am a construction Forman and estimator so I have to take my work vehicle to work.. I am not legally allowed to drive other than for work.. So I don't drive my vehicle with my interlock .. Long story short I apparently was one initial start short of 30 so they sustained the initial violation and have extended my revocation period . Can I apeal this decision and request a jury trial?
It sounds like you did technically fail to flow the requirements by having less than 30 starts within a month, so having a judge review the decision wouldn't get you very far unless you think they're counting wrong. A judge wouldn't make an exception under any circumstances, so having this decision reviewed won't help you. It's very harsh, I know, and the DMV is certainly being overly strict in your situation when you were only one start short. In the future, keep in mind that you don't actually need to drive the car anywhere for a start to count. You might want to make it a habit to start your car everyday when you get home from work, just to make sure you don't fall short again.
In nearly all matters in law there is a process to request reconsideration or review; typically the process is one of tiers. I urge you to confer privately with an experienced attorney at this time and she can assist and advise you. In MN, there are certain MSBA board certified criminal law specialists but there is no such thing as being MSBA board certified in dwi law.
Tricia Dwyer Esq.
