Ignoring judges orders on DUI

[2farindebt]

Hi all! Ten years ago my brother-in-law was arrested, jailed and had his license revoked for DUI. The judge ordered him to attend AA and go through the 12 steps before his license would be reinstated. He did NOT do this. This was in Michigan. He is 40 years old. Three months ago he moved in with his parents in Arizona and he is trying to get a driver's license. My mother-in-law is visiting (remember me from the bankruptcy forum guys??and my "property" in Michigan??) and we are discussing his problem and she said since it's been 10 years since his arrest that all of his points should have dropped off his license from Michigan. I agreed (to make it easier on myself) but then said to her: "What about the judge ordering him to attend AA before he can get his license back?" She said: "Oh, no, he doesn't have to do that. The statute of limitations stops that!" In an honest attempt at helping, I would like to send her back to Arizona Monday with some good advice. If you ignore a judge's order, are you going to get your license back, no matter how many years it's been since it was revoked? thanks!

 

[I AM ALWAYS LIABLE]

My response:

Let's see . . .

1. I'll bet he's still drinking; and,

2. I'll bet he still doesn't have his driver's license.


Your MILF is a funny lady. Her son, undoubtedly, has a warrant for his arrest! There is no Statute of Limitations on a Warrant. So, if he's stopped anywhere in the country, his first destination will be jail.

IAAL

 

[2farindebt]

Hello there IAAL! You are 2/3 correct. !. Yes, he's still drinking. 2. No, he doesn't have his license. I do not think there is a warrant for his arrest regarding this because he has been arrested for domestic violence at least twice in the past 3 years in Michigan and they never keep him in jail past one night - no charges were ever filed by his live-in "whatever" and since he was drunk each time, he just spent the nights in jail to sober up and calm down. But, getting back to my first question: If a judge in Michigan orders you to attend AA before you can get your license reinstated and you don't do it, can you still get a driver's license in Arizona?

 

[I AM ALWAYS LIABLE]

Hello there IAAL! You are 2/3 correct. !. Yes, he's still drinking. 2. No, he doesn't have his license. I do not think there is a warrant for his arrest regarding this because he has been arrested for domestic violence at least twice in the past 3 years in Michigan and they never keep him in jail past one night - no charges were ever filed by his live-in "whatever" and since he was drunk each time, he just spent the nights in jail to sober up and calm down. But, getting back to my first question: If a judge in Michigan orders you to attend AA before you can get your license reinstated and you don't do it, can you still get a driver's license in Arizona?

My response:

Why the police didn't check him for "Wants and Warrants" is beyond me! They should have.

All of the States are connected by computer. So, if he attempts to obtain a license in Arizona, his revocation will appear, and his request will be denied.

While he doesn't have a driver's license, I'll bet you dollars to donuts that he's driving anyway!

IAAL

 

[2farindebt]

I, too, feel that he will not be granted a driver's license in Arizona, but MIL, FIL and BIL all feel there is NO reason why he shouldn't be able to get his license back since the 10 year period has passed and all the points should be off his record. No, IAAL, he's NOT been driving in over 10 years! Instead of going through the AA program 10 years ago (as ordered by the judge), he has played on the sympathy of anyone who would help him and used no license as an excuse to not work because Patsy, or dad, or mom, or WHOMEVER, wouldn't drive him there. (He's worked approximately 3 full years out of the last 15 - I could write a book on the troubles that man has caused just MY family, not counting the anguish he puts his parents through!). MIL is hoping that he can at least get a license to drive to and from work because he just got a job this past week and my 80 year old FIL has to drive him both ways. Before you ask - there is no bus and BIL does have a bike, but it's too far to ride. Oh, and carpooling is beneath him.

 

[I AM ALWAYS LIABLE]

I, too, feel that he will not be granted a driver's license in Arizona, but MIL, FIL and BIL all feel there is NO reason why he shouldn't be able to get his license back since the 10 year period has passed and all the points should be off his record. No, IAAL, he's NOT been driving in over 10 years! Instead of going through the AA program 10 years ago (as ordered by the judge), he has played on the sympathy of anyone who would help him and used no license as an excuse to not work because Patsy, or dad, or mom, or WHOMEVER, wouldn't drive him there. (He's worked approximately 3 full years out of the last 15 - I could write a book on the troubles that man has caused just MY family, not counting the anguish he puts his parents through!). MIL is hoping that he can at least get a license to drive to and from work because he just got a job this past week and my 80 year old FIL has to drive him both ways. Before you ask - there is no bus and BIL does have a bike, but it's too far to ride. Oh, and carpooling is beneath him.

My response:

What is so "magical" with the 10 year mark with your parents-in-law? There's no such thing with Warrants. Until the Warrant is cleared up, it's always going to be in his records until he dies. But, if his mother and father feel so "right" about this, why hasn't he gone to apply for his license, rather than having his father ferry him to work and back?

IAAL

 

[2farindebt]

BIL did apply for a license in Arizona and they requested paperwork from Michigan. It arrived showing detailed driving record which BIL and PIL feel should be deleted. I have NO idea why they think his record should be clear now. I don't thnk any of them understand the significance of the charges against him 10 years ago. He COULD have had his license suspended for LIFE, but if memory serves me correctly, it was suspended for one year with the provision he could apply to have it reinstated ONLY after joining and doing the AA thing which he never did. Arizona has passed the buck back to Michigan, in effect, by telling my BIL to write to Michigan and once they clear his record, Arizona will issue the license. My gut feeling is that Arizona understands he hasn't fulfilled the terms of his license revocation but that they are hoping Michigan explains the situation to BIL - that way BIL will not be mad at them if they don't issue him a license because Michigan wouldn't clear his record.