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  #1  
Old 10-08-2002, 12:15 PM
turtlestage5
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Question

DWI and loss of lisence


Name of state, Michigan


My friend recently refused a breathylizer test for his first offense of drinking and driving. During his court hearing the judge told him they were dismissing the refusal of breathylizer and charged and convicted him of driving while impared on alchol and told him that his lisence was going to be restricted... gave him counseling and probation, and sobriety court and community service and force him to go to AA,... He got a letter in the mail confirming his restricted license. Telling him that he was Convicted for DWI on alcohal and his lisence was restricted. A few days later he got another letter suspending his lisence for refusal of Breathylizer saying that an officer reported that he refused the breathylizer test. The secritary of state told him his licesne was suspended because it was on his record when he went to ask to see if there was a mistake. Does he have a chance to get his license back on the basis that it was dismissed in court? How should he go about doing the right thing? IF it is on his record, and in the court records that it was dismissed will it matter? He did have a lawer at the time, who was appointed to him, and the lawer told him he wasn't going to get his lisence suspended.

Thanks for any help.
  #2  
Old 10-09-2002, 04:49 PM
Mike101
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DMV is seperate from the courts. If you refuse the test it is an automatic suspension. You can be found not guilty yet DMV can still suspend your license.
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