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  1. #1
    justin285 is offline Junior Member
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    Appealing a 5 yr. Denial

    What is the name of your state (only U.S. law)? Missouri
  2. #2
    justin285 is offline Junior Member
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    Appealing a 5 yr. license denial?

    Hello everyone, and thank you in advance for looking. I was charged with a felony DWI (it was my third DWI) in October of 2005. I went through what Missouri calls DWI/Drug Court, which is essentially a rehabilitation program (rigorous drug testing, really expensive, classes, etc.) that lasts a year long. I graduated that on time with no violations in Oct. 2006, and since then have had no run-ins with the law and I'm keeping in line with probation with no problems of any sort.

    My sentence was a five-year license denial, along with five years' probation and completion of Drug Court. I was wondering, though, has anyone attempted to appeal a five-year denial and get their license back early? I just graduated college this past December and I'm looking for a job, but I'm finding it increasingly difficult without a vehicle (surprise there, right?) and my girlfriend and I are trying to get a place together, but with no job and no car....anyway, you get the gist, I think. We're both in our mid-20's and still living with our parents, and this can get frustrating.

    Anyway, I can't apply for a hardship because in MO, if you've got any sort of felony on your driving record, they refuse to give one. But if I were to give the court good, fair reason (just graduated college, steady girlfriend, job-hunting) to reinstate me, does anyone think they would, OR, has anyone heard of the court doing this on the basis of "good behavior"?

    My lawyer tells me there's no way in hell to get it back, but I can't accept that. He just knows I can't afford to pay him to take it to court. There's got to be some way to fight this thing. I've got until the end of 2010; that's too long.

    Thank you,

    Justin
  3. #3
    Some Random Guy is offline Senior Member
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    Your problem is that the felony restriction is a hard and fast rule as written in the statutes, not just something that the judge takes into consideration. Keep working on alternate transportation.
  4. #4
    justin285 is offline Junior Member
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    Yeah, that seems to be the case. However, if I was to appeal to be reinstated with an actual license and not a hardship, could that be a sort of loophole? I don't believe the statute says anything about a real license, just a hardship. Does anyone know anything about moving to another state and getting a license that way?

    People seem to appeal things frequently. How is this any different, specifically with me giving good reason?
  5. #5
    Some Random Guy is offline Senior Member
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    All other states will not issue you a drivers license while MO has yours revoked. They share that info just to prevent such a thing.

    And the laws say that you can apply for a hardship after 2 years unless you are ineligible (such as the felony). It never says that you can apply for a full license.

    Wanting your punishment reduced is not a valid reason for it to be reduced.

    Since your lawyer is not going to help you in this matter, I would try to discuss it with some other lawyers in the area who specialize in DUI. That shold help you confirm or deny your first lawyer's opinion.
  6. #6
    justin285 is offline Junior Member
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    What is a valid reason, then, to have my punishment reduced?

    I realize it says nothing about a full license, but that's my point. If the law states nothing about that, then could it be a possibility since it's not out in the open?

    I'm just attempting to rationally exhaust all my possibilities. It's too bad that the court isn't more case-specific when it comes to appeals.
    Last edited by justin285; 01-30-2009 at 02:38 PM.
  7. #7
    FlyingRon is offline Senior Member
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    You don't have a valid reason. A valid reason was that there was some error in the initial imposition, or some drastic change in the law or circumstance.

    The law says you are ineligible for a regular license for five years. The law says in some cases you are eligible for a restricted license in two. You're engaging in wishful fantasy land that you think there is something that negates that first statement.

    Your rational possibilities is to somehow show that you aren't a persistent offender. The only option I can see is to get a pardon from the governor.

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