+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16
  1. #1
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Arrow SC / DUI / Statute of Limitations?

    What is the name of your state? South Carolina

    I am writing in desperate need of advice!! My friend received a letter in the mail today concerning an issue that took place over TWELVE years ago! From what I can gather he got a DUI in 1994. He went to a jury trial and was found guilty. He and his lawyer appealed the conviction, but nothing was ever done. He said that basically, a week later he contacted his lawyer and said what's going on with everything and his lawyer told him not to worry about it, that it must have been dropped because nothing had been done about it...so obviously he didn't think another thing about it.
    Well, I was over at his house this afternoon when he was opening a letter from the DMV!! We were in mid conversation and he just sat down with this puzzled look on his face. It turns out that 12...yes TWELVE years later he has received a notice that his driving privileges have been suspended. It states clear as day on the notice:

    Violation Date: 12/1994 Conviction Date: 9/2006
    Violation Descrption: Driving under the influence

    It goes on to say that his driving privileges will be suspended as of 11/7/2006 until 5/7/2007.

    IS THIS POSSIBLE? Can they actually never contact him on ANYTHING and then BAM take his driving privileges? He has had no convictions prior or after this DUI. He was 20 when it took place and he is now 32 years old. It just amazes me that someone can go 12 years with no problems on the matter and then WHAM have a matter thrown in their face again!

    Since it is Friday evening he is flipping out b/c he obviously can't get any answers until Monday and the suspense is killing him! I have been trying to do my own investigations for him...I thought a statute of limitations would uphold him fighting this. ANY help or insight on this will be GREATLY appreciated! PLEASE contact me if you need any further information on advice!!

    God Bless!!

    BeccaWhat is the name of your state?What is the name of your state?
  2. #2
    kate-R is offline Junior Member
    Join Date
    Oct 2006
    Location
    virginia
    Posts
    25
    He should of demanded an answer from his lawyer on what was going on then to show proof to him that it was settled in court..I dont think they can wait years later and do that to him...he should get it fixed asap..have him go to the clerk of courts himself and find out..
    they will have the record pulled up and find out and he could get a copy of that...
  3. #3
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Question Way over my head...

    I'm certainly no lawyer, so first, let me say thanks for all of the advice. If anyone else wants to send their advice, PLEASE DO!!

    What I'm gathering is....no matter how long ago all of this took place they can still yank his driving priveleges? That's a shame!! Could it be a problem in the paper work....could it have not ever made it to the DMV for the letter to be sent out...and just sat there at magistrate for ages? Here are the SC laws that I have been reading... I have underlined the parts that stuck out to me. Once again, all of this is way over my head and I'm just trying to help a friend not lose the ability to drive. Do the items I underlined pertain to what is going on at the present...mainly the part about 10 years.

    Thanks everyone!!
    .....
    SECTION 56-5-2951. Suspension of license for refusal to submit to testing or for certain level of alcohol concentration; temporary alcohol restricted license; administrative hearing; special restricted driver's license; automobile insurance increases.
    (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
    (B) Within thirty days of the issuance of the notice of suspension, the person may:
    (1) obtain a temporary alcohol restricted license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection
    At the administrative hearing if:
    (a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;

    (b) the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated .
    (C) The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
    (D) If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).
    (E) The notice of suspension must advise the person of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
    (F) An administrative hearing must be held within thirty days after the request for the hearing is received by the Department of Motor Vehicles. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
    (1) was lawfully arrested or detained;
    (2) was advised in writing of the rights enumerated in Section 56-5-2950;
    Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
    A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.

    (G) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review stays the suspension until a final decision is issued.

    (H)(1) If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

    (I)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is (a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or (b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

    (2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

    (J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license must be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
  4. #4
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Q: What I'm gathering is....no matter how long ago all of this took place they can still yank his driving priveleges?

    A: Yes, but I suggest you hire a good lawyer and try for a hardship driving permit.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Yikes!!

    That's certainly not what he will want to hear!! Should he contact the same person he used previously or would you recommend he finds someone new?
  6. #6
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by beccaboo View Post
    That's certainly not what he will want to hear!! Should he contact the same person he used previously or would you recommend he finds someone new?
    I think you should use whoever you feel most comfortable with.

    Why are you referring to yourself in the third person?
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Suspended...

    That's a very good point Curt!! I'm trying to find out if his driving was ever suspended to begin with??
  8. #8
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    No suspensions...EVER

    There were never any suspensions on his driving record?? Shouldn't they have taken something...or did that slip thru the cracks too? Thanks for giving me a reason to call him!! Now, is there anything that can be said for his d.l. never being yanked in the beginning either?
  9. #9
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by beccaboo View Post
    Now how in the heck do I delete the last comment and quite possibly this one so I can print these out and give them to him!!
    Do you have scissors?
    There are two rules for success:

    (1) Never tell everything you know.
  10. #10
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Wink ...

    Thank goodness I do!! The only one I'll have to cut out is yours now!! LOL I found a way to delete the other ones!! Silly!!
  11. #11
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9

    Question SC / DUI / Statute Of Limitations? Here we go again!

    Ok, I don't even know where to begin...

    If you read up you will notice what took place a year ago...I should have updated when everything was so called "resolved" ...when we thought it was.

    Basically, he went on and continued with the same lawyer and they were able to get the DUI / suspension dropped. Everything was fine and dandy and he went on his merry way with nothing on his license...it was so to speak "deleted" out of the DMV records. We even have the letter in front of us stating "Violation modified or deleted" Action: "Deleted" Viol Description "DUI" and at the bottom it says: "Driving status: No suspension - Your driving privileges are clear". So yes, we thought everything was DONE Case closed end of 2006!!!

    Fast forward to the current situation:

    I think I now have a better understanding of the situation...and will be able to explain it better....

    And btw, this guy is now my boyfriend...so I am more in tune with the whole situation...

    In December of 2007 he received another letter, stating Violation date: 12/1994 Conv Date: 9/2006 Violation: DUI. and that as of 12/19 his DL would be suspended due to "DUI" This now puts this case at FOURTEEN YEARS OLD!!! Are they going to continue deleting it every year and then reissuing it continuously?

    So, he calls the lawyer he had, and they call the Clerk of Court to find out what on earth is going on. The COC was just as confused, so she looked into it, and sent a fax to BF and lawyer confirming she had contacted DMV and stating: "Please find attached a copy of the Ishmell Order to recall the above referenced ticket. The order was faxed to the DMV today. Upon receipt of the ticket fromt he DMV, the charge will be dismissed." The copy of the Ishmell Order states, " It appears the above described ticket should be returned to the COC based upon the following information: This case was initially disposed of in 2006. This case should be reopened for the following reason: "Sent in error". etc.

    Now, remember, he recieved a letter from the DMV in 2006 stating it was DELETED!!

    The city / county level believes that due to untimely nature it should be dropped / deleted, but NOW the DMV is refusing to send the ticket to the COC, and sent a response License Suspended 12/2007 to 6/2008 for DUI on 12/1994.

    Outstanding Fees: DL Suspension reinstatement for DUI

    Other requirements to be met before driving privileges will be granted:
    ADSAP
    SR22
    Suspenion Term
    Knowledge and Skills Test


    Could someone clue me in as to WTH is going on here? I personally think someone is trying to cover their behinds at the DMV...but I am just lost! It seems beyond crazy to me.

    So, lawyer calls the person in charge at the DMV and their lawyer to see if they can work something out due to nature of time, but their lawyer refused, stating he could either plead guilty (as in suck it up and do the requirements) or take it to supreme court.

    Ok, I'm sorry... I'm no rocket scientist, but SUPREME court? Wouldn't there be another hearing before going to supreme?

    ANY information anyone could provide we would be greatly appreciative. I just do NOT see how they can go 13 years before issuing an "Official Notice" of a DL suspension...then DELETE the whole thing, and then nearly a year pass and it be brought back to suspension again!!!

    Thank you all in advance!!
  12. #12
    clrcommunik is offline Junior Member
    Join Date
    Feb 2008
    Posts
    8

    Smile I solved one of my out of state DUI's so thought 2 help

    1. I've learned the less people u talk 2 the better because everyone has a motivation based on their job, DMV, the court, probation, these admin DUI types.
    2. I had one 21 and 11 yrs. ago. the oldest one in NJ., was "agreed upon" today because I called DUI admin in that state (these are just another leg of government trying to get money), I said I can't afford to handle this unless I pay the fines and have this in the system to my DMV in less than 2 months, classes even though ordered are kind of pointless now right?, since I have a clear record here for 10+ years, I got a supervisor and we agreed on fines, thius cutting out the DUI administration which is just another leg seeking my arm.
    Get a supervisor, they (all of them) want money, satisfy the state where it happened. Done.
    The lawyer is going to milk u and take forever 2 do anything, get the right person on the phone. Good luck.
  13. #13
    CavemanLawyer is offline Senior Member
    Join Date
    Sep 2007
    Posts
    1,143
    A conviction for DWI carries an automatic hard suspension of one's license, but as with anything else resulting from a conviction, it must be a final conviction before that punishment is imposed. When you appeal, that conviction does not become final until the appeal is withdraw, dismissed, or the conviction is upheld on appeal. Any direct punishment (ex: jail time) or collateral punishment (ex: DL suspension) will not be imposed until the conviction becomes final, even if that is decades later. There is nothing untimely about this delayed punishment. One cannot complain about the delay because they asked for it by filing the appeal. That's exactly what an appeal is, a delay of the conviction so that a higher court can review it for sufficiency and/or error. This is no different than with any other form of punishment. If only a certain number of years in prison are imposed, that defendant can appeal and stay out of prison on bond awaiting the ruling. If they lose their appeal 50 years later, they pack their toothbrush and go to prison. That's how it works.

    My reading of those letters from the DMV is that a request was made to clear the DL suspension and someone at the DMV pushed the proper paperwork through to make that happen. Later, possibly through just an automated system process, that suspension was flagged again because really and truly, it never should have been cleared. Now someone else has looked at it and is refusing to clear it this time, because legally it is mandatory.

    When the person from the DMV told you to go to the Supreme Court, they meant your state's supreme court and that is the only place to go. The suspension is a direct result of the conviction, so they are telling you that if you don't like it to attack the conviction. Since that conviction was apparently upheld at the appellate level, the next court up is that state's supreme court.

    None of this, however, should be construed as a defense of the DMV. I feel they are an entity with far too much power and far too little regulation. In short, they jerk people around and there's usually not much you can do about it. But if your boyfriend was convicted of DWI than he's got to serve out his suspension sometime just like everybody else.
    Last edited by CavemanLawyer; 02-04-2008 at 08:49 PM.
  14. #14
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9
    Quote Originally Posted by CavemanLawyer View Post
    A conviction for DWI carries an automatic hard suspension of one's license, but as with anything else resulting from a conviction, it must be a final conviction before that punishment is imposed. When you appeal, that conviction does not become final until the appeal is withdraw, dismissed, or the conviction is upheld on appeal. Any direct punishment (ex: jail time) or collateral punishment (ex: DL suspension) will not be imposed until the conviction becomes final, even if that is decades later. There is nothing untimely about this delayed punishment. One cannot complain about the delay because they asked for it by filing the appeal. That's exactly what an appeal is, a delay of the conviction so that a higher court can review it for sufficiency and/or error. This is no different than with any other form of punishment. If only a certain number of years in prison are imposed, that defendant can appeal and stay out of prison on bond awaiting the ruling. If they lose their appeal 50 years later, they pack their toothbrush and go to prison. That's how it works.

    My reading of those letters from the DMV is that a request was made to clear the DL suspension and someone at the DMV pushed the proper paperwork through to make that happen. Later, possibly through just an automated system process, that suspension was flagged again because really and truly, it never should have been cleared. Now someone else has looked at it and is refusing to clear it this time, because legally it is mandatory.

    When the person from the DMV told you to go to the Supreme Court, they meant your state's supreme court and that is the only place to go. The suspension is a direct result of the conviction, so they are telling you that if you don't like it to attack the conviction. Since that conviction was apparently upheld at the appellate level, the next court up is that state's supreme court.

    None of this, however, should be construed as a defense of the DMV. I feel they are an entity with far too much power and far too little regulation. In short, they jerk people around and there's usually not much you can do about it. But if your boyfriend was convicted of DWI than he's got to serve out his suspension sometime just like everybody else.

    Thank you! I truly can see your point. I do believe in you get what you deserve, but it is so sad to see something like this happen to someone so young and have it come back and bite them when they are an adult...and will quite possibly make him lose his job he has been at for more than five years.

    It's always SO clear and easy for me to say you get what you deserve, since I have never even come close to having a slap on the wrist...but when you see someone you care about so much, suffering from their past, it makes situations of this nature seem so foggy.

    Thank you for your input!
  15. #15
    beccaboo is offline Junior Member
    Join Date
    Oct 2006
    Posts
    9
    [QUOTE=CavemanLawyer;1829784]A conviction for DWI carries an automatic hard suspension of one's license, but as with anything else resulting from a conviction, it must be a final conviction before that punishment is imposed. When you appeal, that conviction does not become final until the appeal is withdraw, dismissed, or the conviction is upheld on appeal. Any direct punishment (ex: jail time) or collateral punishment (ex: DL suspension) will not be imposed until the conviction becomes final, even if that is decades later. There is nothing untimely about this delayed punishment. One cannot complain about the delay because they asked for it by filing the appeal. That's exactly what an appeal is, a delay of the conviction so that a higher court can review it for sufficiency and/or error. This is no different than with any other form of punishment. If only a certain number of years in prison are imposed, that defendant can appeal and stay out of prison on bond awaiting the ruling. If they lose their appeal 50 years later, they pack their toothbrush and go to prison. That's how it works. =QUOTE]


    Ok, please excuse me for being brain dead...I am running on very little sleep

    But you brought up a very good point...one I had totally forgotten about.

    I just had to verify w/ bf to make sure this was exactly correct before typing this:

    He and his first lawyer appealed the charges, and in 1997 he received a letter stating motion for appeal was denied.

    What was supposed to happen after he received the letter notifying him the appeal was denied?

Similar Threads

  1. Statute of Limitations
    By bdupree in forum Consumer Contracts, Guarantees and Warranties
    Replies: 8
    Last Post: 08-17-2005, 02:05 PM
  2. statute of limitations??
    By zobianna in forum Arrests, Searches, Warrants & Procedure
    Replies: 2
    Last Post: 06-20-2005, 09:23 AM
  3. statute of limitations
    By CTCool in forum Mortgages, Refinancing & Foreclosure
    Replies: 1
    Last Post: 06-18-2005, 05:53 PM
  4. diu statute of limitations
    By mdh872 in forum Drunk Driving / DUI / DWI
    Replies: 2
    Last Post: 02-06-2002, 10:02 AM
  5. Statute of Limitations?
    By Yelta in forum Civil Litigation
    Replies: 1
    Last Post: 02-04-2002, 08:57 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.