Michigan Can I Challenge Botched Restricted License?

[pt44asaurus]

Michigan: Hello I was sentenced for an OWI on March 2, 2017 and just successfully completed nonreporting probation. While expecting a 90 day restricted license, I never received the letter from the DMV as I was told I would. After one month, and every month in the interim, I contacted by phone and/or in person -- four times in the first case in person -- the court and DMV to ask what was going on. Each time the court told me my license would not be restricted at all or told me to call the DMV, which I did each time. The DMV told me to call the court, of course, except one occasion when I was told to contact the court because the DMV had not received the form that should have been sent to the DMV. On that occasion, the court told me it had indeed been filed. For all of these reasons, I was forced to assume I had a restricted license and drove as if I had a restricted license during the entirety of my six month probation. Finally, once released from probation, I went to obtain a new driver's license and was told and shown the DMV's only information its destruction on the date of arrest and that I could not yet get a new DL. I went back to the court and was told the usual. I contacted my attorney, who until this point had not returned messages. He called the magistrate, who at last admitted my DL had been submitted with an 'R' rather than the correct 'T' as the first entry in my DL number. Therefore, it will soon be reported and I will essentially be driving restricted for a second time. Do I have any recourse for this, excuse the French, bull****? How many other people actually tell the court AND DMV they're supposed to be restricted and drive as such, only to be punished for someone else's screw up? I've completed my sentence. Is there at least some way in which I can protest this action, if not contest it? Thank you.

 

[FlyingRon]

Sorry, given your temperament, it's not surprising that you're having a hard time. If you can't speak calmly and without profanity, you'd better get a lawyer.

 

[Zigner]

I've completed my sentence.

You're attorney might be able to help - he should keep working on it.

With that said...if your license never was actually restricted for x amount of time, then it still can be restricted for x amount of time.

 

[HighwayMan]

You shouldn't have been driving unless that license was in your hand. You made an assumption and you know what happens when you assume?

 

[quincy]

Michigan: Hello I was sentenced for an OWI on March 2, 2017 and just successfully completed nonreporting probation. While expecting a 90 day restricted license, I never received the letter from the DMV as I was told I would. After one month, and every month in the interim, I contacted by phone and/or in person -- four times in the first case in person -- the court and DMV to ask what was going on. Each time the court told me my license would not be restricted at all or told me to call the DMV, which I did each time. The DMV told me to call the court, of course, except one occasion when I was told to contact the court because the DMV had not received the form that should have been sent to the DMV. On that occasion, the court told me it had indeed been filed. For all of these reasons, I was forced to assume I had a restricted license and drove as if I had a restricted license during the entirety of my six month probation. Finally, once released from probation, I went to obtain a new driver's license and was told and shown the DMV's only information its destruction on the date of arrest and that I could not yet get a new DL. I went back to the court and was told the usual. I contacted my attorney, who until this point had not returned messages. He called the magistrate, who at last admitted my DL had been submitted with an 'R' rather than the correct 'T' as the first entry in my DL number. Therefore, it will soon be reported and I will essentially be driving restricted for a second time. Do I have any recourse for this, excuse the French, bull****? How many other people actually tell the court AND DMV they're supposed to be restricted and drive as such, only to be punished for someone else's screw up? I've completed my sentence. Is there at least some way in which I can protest this action, if not contest it? Thank you.

Because your license was not officially restricted during your probationary period, due apparently to a scrivener's error, you were free during this time to drive without restriction. You are notified by the State when you have driving restrictions.

It appears that your 6-month license restriction was a self-imposed one only.

Now your license is officially restricted. I do not see that you have cause for protesting it.