Help please!

[bustarhymes]

What is the name of your state (only U.S. law)?

Arkansas

I was pulled over in August of 2010 and received a dwi for blowing .084.

My court case is 01-12-10.

I have a lawyer.

I am a traveling salesman with a company car of which my boss knows that i have a dwi and my lawyer stated that i have to have a letter from my company stating that they know about my situation and request that i do not have an interlock, Breathalyzer, in my company car.

That being said...I have been going about my daily work routine and driving to my facilities across AR. I got pulled over for doing 35 in a 25, but he let me off of the speeding. He gave me a ticket for driving under a restricted license. So i have to go to court monday the 10th, 2 days before my dwi court date, to have this ticket taken care of.....

My lawyer wants me to hire him for this case, but i'm running out of money from the dwi and my lawyer fees.

Could someone tell me if I need to hire a lawyer for this case even if i have my dwi case 2 days later and i have this letter to present? My lawyer stated that i can drive with this letter. So, does this mean that i have to hire him for this case? Or can i just show up with this letter from my boss and my paper work from the dwi case? Please help!


Thank you for your time

 

[woodykas]

Could someone tell me if I need to hire a lawyer for this case even if i have my dwi case 2 days later and i have this letter to present? My lawyer stated that i can drive with this letter. So, does this mean that i have to hire him for this case? Or can i just show up with this letter from my boss and my paper work from the dwi case? Please help!
Thank you for your time

actually there is two different cases, one criminal, and one administrative. did you request your administrative hearing in August of 2010 ? It supposed to be yes, because your driver license is not suspended "by default". did they decide to restrict your license at that hearing ? The law has changed, however, now requiring an ignition interlock to be installed as opposed to the "free" work license. The different assessments for BAC's above and below .15 have also been removed. Now, all first-time offenders will receive a mandatory 6-month license suspension. If the offender would like to drive during this period of time, including driving down under a work permit, he or she must have an ignition interlock installed.

So you're considering driving during your suspension period without having an interlock license? Bad idea. First, if you are caught driving, the crime of Driving on a Suspended License for DWI includes an automatic 10-day jail sentence. Second, as stated above, the interlock is mandatory, and you will not be able to get your license back until, in addition to other requirements, you have had an interlock installed on your car for 6 months. That is, unless you win your case in the meantime. In short, unless you win, there is no way around having an interlock in your car for 6 months if you ever plan on driving legally again.

so, it is a good idea to hire a lawyer for this offence.

the paradox is that you MAY ask for hardship drivers license to drive without interlock installed in company car, but only in case if court allow that:

Under AC 5-65-118, if the court finds that a person is required to operate a motor vehicle in the course and scope of the person’s employment and, if the vehicle is owned by the employer, that the person may operate that vehicle during regular working hours for the purposes of his employment without installation of an ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle.

This employment exemption shall not apply, however, if the business entity that owns the vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or if the person cannot provide proof of installation of a functioning ignition interlock device to the Office of Driver Services.

Also, any person whose license was suspended under § 5-65-104 who would otherwise be eligible to obtain an ignition interlock restricted license may petition the court for a hearing, and the court may order the Office of Driver Services of the Revenue Division of the Department of Finance and Administration or its designated official to issue an ignition interlock restricted license as authorized under the applicable section of §§ 5-65-104 and 5-65-205.

and you decide to drive without interlock even before your court date. so, everything is looks correct, you must drive with interlock device due to DMV administrative rules, and you can ask court to drive without this device AFTER your DUI hearing court date.

 

[bustarhymes]

"Under AC 5-65-118, if the court finds that a person is required to operate a motor vehicle in the course and scope of the person’s employment and, if the vehicle is owned by the employer, that the person may operate that vehicle during regular working hours for the purposes of his employment without installation of an ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle."

My license was suspended for six months, and I do have an interlock in my personal car at home. I only drive my work car for work. When I'm off work, I use my personal car with the interlock device.

I was pulled over in my company car during work, without that paperwork from my company showing that my company knows of the situation as stated in your quote above. I left it in my personal car from the night before, in a folder that I carry around just in case I need it. With this being said, do you think that it is necessary to hire on a lawyer even if this issue is covered with the paperwork?

Thank you for your response.

 

[woodykas]

I was pulled over in my company car during work, without that paperwork from my company showing that my company knows of the situation as stated in your quote above. I left it in my personal car from the night before, in a folder that I carry around just in case I need it. With this being said, do you think that it is necessary to hire on a lawyer even if this issue is covered with the paperwork?
Thank you for your response.

did you have a permission to drive your company car without interlock from court ? it is not "covered" by default just by having paperwork from your employer.

 

[bustarhymes]

I would assume that my lawyer took care of this issue. How would I know? I guess when he stated my plead in the first court case, he would have made that statement to the court so that I would be able to drive.

Thank you

 

[woodykas]

I would assume that my lawyer took care of this issue. How would I know? I guess when he stated my plead in the first court case, he would have made that statement to the court so that I would be able to drive.

Thank you

so, just bring this permission with your employer letter to the court and explain this situation. if you have court permission - you have a good chances to drop this charge.

 

[bustarhymes]

Thank you for your help!!!!!!!!!!!!!!!!!!!!!