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Boyfriend never received a ticket for DUI. How does he get his license back?
Anonymous2 views4 answers
Back in February of this year, my boyfriend was working on his dirt bike in the front yard. Something happend with the throttle and the bike took off with him on it down the rode. He ended up under neath a truck, unconsious. Police came. They took him to the hospital, and took a BAC without consent. His CDL was disqualified, but his was able to get a Class E license back in August. He was told he needed to go to DUI school. But all of the required documents that he needs seems to be no where to be found. His was never given a ticket, no charges were filed, nothing ever came in the mail. And he does not know the results of his BAC. DMV says he needs to go to school to get license back. But cant, because noone as any record of a ticket, or anything. What can he do?
Unfortunately, it sounds like you waited too long. He could have challenged the suspension of his license when you got the notice that it would be suspended. The DMV, Bureau of Administrative Reviews must have recieved documentation to base the suspension on. You may want to check with them and see if they will make you copies. If you push the police department they may file criminal charges against him when they realize they have not done thier job properly. Unfortunately if they file the case as a misdemeanor DUI they have 2 years to file. If they file as a Felony they have 3 years to file the charges since he was not arrested. Good Luck.
While it is very unusual not to charge a person criminally, if there is an investigation that is sent to the DMV, then the DMV could have suspended his license on their own. Additionally, because he has a CDL, then they have the right to suspend his CDL privileges. He should have requested a hearing, but at this point it is undoubtedly too late. You should probably speak to an attorney just to make sure there is nothing criminal pending, but if this is a first, then he should be able to get his CDL privileges back at some point.
tephen George CobbDUI / DWI AttorneyShalimar, FL ·
Unfortunately, that has the ring of a Failure to Appear in Court. Lake County is very similar to the First Judicial Circuit in many ways, in terms of legal culture, and I see you are asking from Leesburg. Check the Clerk's website, call warrants, and you may wish to consider hiring a lawyer to check into this.
