Weird DWLS case.. Thoughts please

[itsmewhoelse]

What is the name of your state (only U.S. law)? TN
My question involves a driver's license issued by the State of: TN

im headed to court now for DWLS..

But the thing is my license is not suspended nor was it when i got pulled over and got the ticket.

I got a DUI and my license was suppose to be suspended for 1 year.. When i got pulled over the DMV had not yet suspended my license probably because i never had a license or ID here as my original license is in another state..The cop wrote the ticket for DWLS because he i had a dui recently and probably believed the DMV had already suspended my license which they have not

Public defender says it doesnt matter because court suspended. Dont sound right to me. The court doesnt suspend it, the DMV does as are result of a guilty plea and thats 2 separate issues..

Now I want to fight this to the end. What are your thoughts on this?

 

[BigMistakeFl]

Thoughts

A license suspended in one state is a license suspended in all states.

 

[foot]

I think in some states, upon a conviction, a judge will revoke your driving priviledges in the interim between the conviction and DMV getting their processing done. It sounds like that is what the public defender is saying.

 

[OldandTired]

The court doesnt suspend it, the DMV does as are result of a guilty plea and thats 2 separate issues..

Don't believe this for the rest of your life. You will spend more time in jail and more money than you can imagine.

Courts can, will, and do issue orders of suspension. In most states, the suspension is automatic from the date of the plea, or the imposition of guilt, relieving the Judges of entering an order of suspension.

The only argument you might have, is that you were never aware of your license being suspended. Meaning, you were never notified by Certified, Return-Receipt mail from the DMV advising you of such, or that you were never personally advised in a courtroom, by a Judge.

If you had known that your license was suspended, you would not have been driving right? (going out on a limb here)

The state has to have prove that you were duly notified of the suspension before they can charge you with an offense of DWLS.

If you plead guilty to the DWI in court, then you knew at that point your license was suspended.

 

[foot]

If you plead guilty to the DWI in court, then you knew at that point your license was suspended.

I pled guilty and still have a valid license, although my sentencing was deferred. A little bit of a different situation but....just saying

 

[OldandTired]

You missed the point.

This is taken from Department of Safety Internet - DUI Offenses Outline

1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]

*
48 hours to 11 months, 29 days of jail for offenders under the age of 21.
*
24 hours to 11 months, 29 days of jail for offenders 21 and over
*
.20 BAC or greater minimum jail time 7 consecutive days
*
License revocation for 1 year
*
You will be ordered to participate in a DUI school
*
Pay restitution to any person suffering physical injury or personal loss
*
$350-$1,500 Fine
*
With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.
*
Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]
*
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
*
Drug and Alcohol Treatment may be required at the judge's discretion.

Unless there was some other discussion in the courtroom about your license, i.e; provisional license, etc, you knew at that point your license was suspended. No additional notification required. It's automatic.

 

[itsmewhoelse]

A license suspended in one state is a license suspended in all states.

That doesnt' have anything to do with what I asked. he wrote me for having a suspended Tn license specifically..


Also before the DUI cops never wrote me for DWLS when I got caught driving a few times even tho my MI is suspended. They told me they cant write me for DWLS on the Michigan license because its not here

 

[itsmewhoelse]

You missed the point.

This is taken from Department of Safety Internet - DUI Offenses Outline

1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]

*
48 hours to 11 months, 29 days of jail for offenders under the age of 21.
*
24 hours to 11 months, 29 days of jail for offenders 21 and over
*
.20 BAC or greater minimum jail time 7 consecutive days
*
License revocation for 1 year
*
You will be ordered to participate in a DUI school
*
Pay restitution to any person suffering physical injury or personal loss
*
$350-$1,500 Fine
*
With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.
*
Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]
*
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
*
Drug and Alcohol Treatment may be required at the judge's discretion.

Unless there was some other discussion in the courtroom about your license, i.e; provisional license, etc, you knew at that point your license was suspended. No additional notification required. It's automatic.

ofcourse i knew it would be but like I said I never got notification from t e DMV.. In MI the DMV notifies you the exact date and when it will be reinstated after you get convicted so I thought it would be the same hear. I thought i had a few days to drive before it went into effect.


This is exactly what im saying. The DMV did not suspend my license..

So I guess im asking can the judge here actually revoke it or say, do not drive your license is taking away.

Seems like they dont have power to do that , only the DMV

 

[itsmewhoelse]

You missed the point.

This is taken from Department of Safety Internet - DUI Offenses Outline

1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]

*
48 hours to 11 months, 29 days of jail for offenders under the age of 21.
*
24 hours to 11 months, 29 days of jail for offenders 21 and over
*
.20 BAC or greater minimum jail time 7 consecutive days
*
License revocation for 1 year
*
Unless there was some other discussion in the courtroom about your license, i.e; provisional license, etc, you knew at that point your license was suspended. No additional notification required. It's automatic.

License Suspensions & Revocations
A driver license suspension or revocation is a separate action from any court case.

So even if the did tell me my license will be revoked by DMV, the FACT is that it has not been revoked by the DMV yet. 2 separate issues as per the DMV website. meaning 1 is a direct result of the other. So the judge cant say I will suspend your license for 1 year, he can tell me it will be suspended but cant actually suspend my license in this DUI nor did he. If anything he may have told me it will be revoked by DMV but I dont think he even told me that 90% sure

 

[OldandTired]

Please remember this part, if you don't remember anything else along this path.

The Judge can do anything they want to. That is 100%. If you piss off the Judge, that Judge can enter orders according to law. The law states that your license will be suspended for one year. That same Judge can issue an order of suspension, directing that order the DMV, just to make sure no one overlooks your license being suspended.

Contact the DMV, and just tell them you are inquiring as to the status of your license. Is is suspended, revoked, valid?

If you don't want to contact the DMV, walk into a PD or SO, and ask one of the officers/deputies there to verify your present status. Do not drive there yourself. Have someone take you. If you learn that your status is such that you cannot drive, you will be stuck there waiting for a ride, or someone to come get you and your car, and might possibly get another cite, or arrested, for driving DWLS.

Don't screw around with this. You have the tools available to learn what you need to regarding the status of your license on your own. Be proactive and stay out of Court/Jail.

 

[itsmewhoelse]

^^I think you mis read my post..

I have already verified with the DMV that my license is CLEAR.. Not suspended, not revoked or anything..I fell thought the cracks I guess. I am thinking its because i dont have a TN license here anyway and never had on be. I never transferred my license over from my home state when i moved here..

 

[OldandTired]

Once TN notifies your home licensing state of your DUI in TN, and that a mandatory 1-year suspension has been ordered, your home-state will most likely send you notification of suspension to the address you have on your DL.

Just because you are not there to receive that notification, (it is a violation to not formally change/update your address upon moving), your license from your home state will be suspended.

Since the officer wrote you for DWLS, and you have not been formally notified by your home state that your license is suspended, then argue that in Court.

How long have you been in TN as a permanent resident? What does the law require of you in changing address/applying for TN license?

While your home-state license might not be suspended under current status, you know that the penalty for the first DUI in TN is suspension for 1 year. Continuing to drive after being adjudicated in Court as guilty for DUI, makes it 100% clear that you are aware of the mandatory suspension.

Stop driving bub. Make your argument in Court about your current DWLS cite, but stop driving.

 

[itsmewhoelse]

Once TN notifies your home licensing state of your DUI in TN, and that a mandatory 1-year suspension has been ordered, your home-state will most likely send you notification of suspension to the address you have on your DL.
WRONG.. TN and MI are not apart of the interstate compact act or whatever its called. They don't share driver history like that


Just because you are not there to receive that notification, (it is a violation to not formally change/update your address upon moving), your license from your home state will be suspended.
What are you talking about once agian?? I think you need to reread my post. Totally irrelevant

Since the officer wrote you for DWLS, and you have not been formally notified by your home state that your license is suspended, then argue that in Court.
Exactly. but I wanted to know does it seem right?

How long have you been in TN as a permanent resident? What does the law require of you in changing address/applying for TN license?
been here for almost a year now, yes I was suppose to change everything over but I was not a permanent resident as of until a few months ago. I floated back and forth

While your home-state license might not be suspended under current status, you know that the penalty for the first DUI in TN is suspension for 1 year. Continuing to drive after being adjudicated in Court as guilty for DUI, makes it 100% clear that you are aware of the mandatory suspension.

I understand that. But the lawyer and the court said the DMV will send me paperwork informing of when my suspension dates and times..

Also I never even thought of this..even if they suspension did go through to the DMV its not a suspension(I was wrong) it would be a revocation..So the cop still wrote down the wrong charge. it should had been driving on a revoke license

Stop driving bub. Make your argument in Court about your current DWLS cite, but stop driving.
That i will do. But my case got pushed back again and I will have my restricted license by then. In TN you get a restricted license during 1 year revoke.. But my fines in another state prevented me from getting it

******************************************......

 

[OldandTired]

But my fines in another state prevented me from getting it

What state was that?

 

[foot]

Itsme,
Contact the DMV of the state in which you currently hold your license, ask for a current status. See if you can document what the status was the day of the ticket. If you do indeed have a valid license, ask for documentation that proves you do, be sure it is dated. Bring it to court. What else can you do?

It seems to me that TN is making assumptions about your license that may not necessarily be true because of your out-of-state status.