To Lawrat

[nuyuky]

Hello from the great state of Alaska, a police state if there ever was one. Anyway, I was convicted of a DWI stemming from a plea(I never should have taken the plea). The conviction date is November 30, 1993. The court ordered 250.00 fine with 250 suspended, 30 days in jail with 27 suspended and to take an assessment while incarcerated, and to complete same, while incarcerated, but in three days? This is my first DWI and I have never had any since. I attempted to get my drivers license in June of this year and DMV told me that I had to comply with court order before they can issue me a drivers license. The Alaska statutes can be located on the web. Why am I telling you this, you already know that. So I signed up for a program. The people want me to do a 12 week course and then another 12 weeks for what they call aftercare. I don't drink anymore and never had since 1996, but on the paperwork, the assessor typed, "INABILITY TO MAINTAIN LONG TERM ABSTINENCE FROM ALCOHOL". I informed them that since I did not depend on alcohol or any other drugs, I did not need to take their program. She told me that I was in denial. What in the world can I do? Thanks.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Absolutely nothing but to take these steps. The problem is this: you DID take the plea and as such, understood to comply with all circumstances/obligations surrounding the plea.

The passage of time doesn't negate that particular obligation. My best advice to you: go ahead and take the aftercare and program. Then, after a year or so, hire a criminal defense attorney to expunge this from your record.

Sorry but no big theories on my end this time.

 

[nuyuky]

Thanks, I knew I shouldn't have taken the plea.

 

[tvtom]

d.w.i

hi

i got stop by police. will i lose my licence. i was below the limit of .10 it was .08 . how come i still got a ticket for d.w.i and reckless driving too. i live in new jersey..

thanks

tommy

 

[nuyuky]

Hello. Even though Statute 39:4-50 says .10, the legislator might have passed a law, or is in the process of making a new law that designates the .08 limit. Many states are converting to the lower limit of .08. If not, will lose federal dollars soon. The thing to do is contest the legal process of your charge. In other words, find flaws in the process of prosecution. Drinking and driving is dangerous even if you have only one drink, that is why strict laws are being passed. Again, you have a constitutional right to due process and the like. Please familiarize yourself in the constitution. It is the Supreme Law of the Land. Marbury v. Madison, 5 us 137.