What is the name of your state (only U.S. law)? indiana
My son, 23 years old, received a Class A - Misdeamnor for possession of marijuana. He is sentenced to one year on probation (this is good). This is his first marijuana charge so we thought it would be conditionally discharged. In court the judge asked that he voluntarily take a drug test - if he passed they would consider the discharge. In the Criminal Notice, it indicates that the State Objects to the conditional discharge, therefore, that request is denied. My son passed the drug test, therefore, he thought the conditional discharge would apply.
The second issue occurred two days ago. He was stopped by a county officer for not wearing a seatbelt (there are days when I want to disown my son). At that point he found out that his driver's license has been suspended due to the Misdeamnor. During the court proceedings the judge said that since he was not driving the vehicle, he would not require his license to be suspended.
How would this type of mistake occur? Can the prosecuting attorney have ordered his license suspended anyway? Who has the control over his driving license? What steps do you suggest we take? Also, shouldn't the BMV be required to notify us if our license has been suspended?
Sincerely,
Joni
My son, 23 years old, received a Class A - Misdeamnor for possession of marijuana. He is sentenced to one year on probation (this is good). This is his first marijuana charge so we thought it would be conditionally discharged. In court the judge asked that he voluntarily take a drug test - if he passed they would consider the discharge. In the Criminal Notice, it indicates that the State Objects to the conditional discharge, therefore, that request is denied. My son passed the drug test, therefore, he thought the conditional discharge would apply.
The second issue occurred two days ago. He was stopped by a county officer for not wearing a seatbelt (there are days when I want to disown my son). At that point he found out that his driver's license has been suspended due to the Misdeamnor. During the court proceedings the judge said that since he was not driving the vehicle, he would not require his license to be suspended.
How would this type of mistake occur? Can the prosecuting attorney have ordered his license suspended anyway? Who has the control over his driving license? What steps do you suggest we take? Also, shouldn't the BMV be required to notify us if our license has been suspended?
Sincerely,
Joni
