Monday, November 7, 2011

Why do I have an implied consent charge blocking me from getting my license back?

In May of 2010 I was stopped at a roadblock and refused to breathalyzer. In December I went to court and took the plea bargain and was told I would have 1 year probation, 40 hours community service, DUI cl, drug / alcohol evaluation, and that I could obtain a work/school permit for the first 4 months and after that I could have my full license reinstated. It's been over 4 months since my disposition date, so I called the DMV to see how to get my license back and they said that I couldn't because I had an implied consent on my record. Is this a clerical error? I was told I would have to speak with the officer and get him to file a notice of error and withdraw the implied consent. I am worried that the officer won't do this for me, I called him a couple weeks ago and haven't heard back to him, so was going to go in and talk to him in person this week. Any help you could give me would be much appreciated, my lawyer is not answering my calls or returning my messages. Thank you!

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