Help! Administrative Suspension stuck after aquitted from OUI!

[maurice207]

I live in Maine, I was charged with an OUI while I was sitting in my car in my driveway talking on my phone without any keys. I was in my car because it was too loud in my house as it was Cinco De Mayo. I lost my BMV/DMV hearing and was placed on an administrative suspension. 9 months later my court case was dismissed and I was aquitted for issues with evidence and procedures, but the BMV/DMV is still keeping my license suspended and have refused to listen.

 

[Ohiogal]

I live in Maine, I was charged with an OUI while I was sitting in my car in my driveway talking on my phone without any keys. I was in my car because it was too loud in my house as it was Cinco De Mayo. I lost my BMV/DMV hearing and was placed on an administrative suspension. 9 months later my court case was dismissed and I was aquitted for issues with evidence and procedures, but the BMV/DMV is still keeping my license suspended and have refused to listen.

You LOST your BMV/DMV hearing. It sounds like there was still evidence that you were drunk while behind the wheel of the car. Those are TWO different hearings (the BMV/DMV and the trial). They require different levels of proof. One does NOT directly impact the other.

 

[InsaneJane]

You LOST your BMV/DMV hearing. It sounds like there was still evidence that you were drunk while behind the wheel of the car. Those are TWO different hearings (the BMV/DMV and the trial). They require different levels of proof. One does NOT directly impact the other.

If i'm right; the hearing only deals with a few things.
If there was legal probable cause for a stop.
If there was probable cause for the arrest; you were in control of a motor vehicle and showed signs of imparement to someone qualified to determine imparement.
And if you gave a proper sample of an aproved test showing that you were over the legal blood alcohol or drug limit set by the State, Or refused after properly being notified...

So, if something was wrong (or statements made) with any of the elements needed or used to convict you at the hearing then you should be able to get the hearing tossed.
Talk to your lawyer.

Important note: If you loose our hearing (even if you are found innocent in court) the State will at some time hunt you down if you can't prove you took their 3 day course. If you did take the course, hold on to the paperwork. Maine BMV has been known to wait for years to re suspend licenses and notify other jurisdictions years latter that you haven't taken their 3 day course. Even ex Pres George Bush has gone through this hell.

Good Luck!

 

[justalayman]

9 months later my court case was dismissed and I was aquitted for issues with evidence and procedures,

what does that mean? was your case dismissed or were you acquitted? If you were acquitted, your case was not dismissed but it actually went to trial where you were found not guilty. If it was dismissed, there would be no trial and due to that, no acquittal.