Trying to get license back

[meddjay]

Arizona- Longer than ten years ago when I was in college, I had gotten two DUI's. I did everything I was suppose to do for them and was paying them off when I lost my job. Then my car broke down and it took me a long time to get back on my feet again. But before that, I had gotten my license back, but now the DMV shows no record of ever reinstating my license. (They switched over computer systems about that time and I think they lost part of the data on the computers.) All my stuff was in a storage room that got auctioned off when I lost my job, so I don't have any record of it either. I am trying to track down the counselor they made me see ten years ago...but having a hard time locating them, and even if I do I wonder if they will even have any paperwork to prove anything. I got my car fixed (new engine) a couple of years after that and have steadily gotten my life together. Got a job with the federal government and I am doing really good except for the license thing. I HAVE to drive because I go to work at 4 am and no busses run then. I have tried taking a taxi and can't afford it, no one carpools my way, so I have to drive. I have been getting stopped for driving on a suspended license and the first ticket I got was suspended from the DUI ten years prior. Now they are just from financial obligations. I have even tried it their way and tried to reinstate it but have to have a SR22, and called insurance company and they said I can't get one without current registration and license, a red flag comes up on my car everytime I try to register it, and I need the insurance to get the license, can't get the insurance without a license! The DMV will only give me a hearing concerning the latest ticket not tickets that go back ten years even though they are all interrelated. If I could somehow prove that the DMV did make a mistake in my case and I HAD gotten my license back ten years ago, then these tickets would all have to be reduced to driving without a license which is a lot better than driving on a suspended license. I do have one letter that the DMV sent me that was all messed up with a bunch of erroreneous dates and wrong information. I kept that letter because it may be just what I need to prove DMV made a mistake. What do I have to do...sue the DMV to give me a hearing and/or give me my license back? And if I do...will I have a chance in hell? And I also is there a time frame for my record and restoration? Thank you ahead of time.

 

[mikkey5]

Has it ever occured to you to move to another state and start fresh?

Spend money on driving lessons, and get a new license.

 

[stephenk]

have you had an attorney try and help you with the mess or have you been representing yourself throughout?

You may need to retain an attorney to start legal action to get your license reinstated.

 

[meddjay]

Stephenk:

I've had court appointed attorneys, and have even spoken to one or two throughout the years, but when I speak to them all they want to do is talk about the immediate ticket, and not the big picture. (Just like the DMV hearing board they are the same way). I guess they don't want to bother with me or something. I will do it myself like I have been doing, but I just don't know what to do next....sue them, move to another state like mickkey5 said, or just keep racking up fine and going to jail, and if I get more than one or two in any given one year period, they will send me to prison. I am at my wits end...I just don't know what to do...I feel I have tried everything short of suing them. And advice you can give me will be more than greatl appreciated.

Oh and mickkey5 bite me...if you would have read the message correctly you would have seen these tickets don't have anythng to do with moving violations or getting in wrecks, they are expired reg, no insurance, and driving on suspended...why don't you take the money and buy some reading and comprehension lessons!

 

[mikkey5]

Well lets see......if you moved to a new state are you going to tell them your license is suspended in AZ?

 

[meddjay]

Mikkey...you must have a really pathetic life to come to these boards and make smart ass comments to people who are genuinely looking for advice. Unless you have some substantial helpful advice other than moving out of state and making judgement calls on people you don't even know.... why don't you keep the unhumourous smart ass cracks to yourself. If you are studying to be a lawyer, you shouldn't even be allowed to take the bar exam, and if you already are a lawyer you should be disbared. I plan on reporting you to the moderator. Please do not make any replys to my messages because I don't want to hear what you have to say.

 

[bini]

Hi.

I think the answer to your problem is very obvious. First you stated your license got suspended 10 years ago and was reinstated. If it actually was reinstated than in the past ten years you would have had to go to the drivers license place in your county and take a written and driving test not once but twice. Therefore the issue dates on the alleged suspended license you have now or did have when you got pulled over is different by about 8 years than the one you had 10 years ago. The DMV will not issue you a new license if your license was never reinstated in the first place. So you need to ask them if your license was never reinstated why did they issue you a new one 9-10 years ago. This happened to me I had gotten my license suspended about 5 years ago and 6 months after it was reinstated I got pulled over and was told I was driving on a suspended license. I called up the DMV and informed them that my license was issued to me 6 months ago, they then stated that obviously I had not taken one of the test (either written or driving). In which I replied to them "What do you think I did, walk into the drivers license place, smile real big and they gave me a license", I think not. To make a long story short they then realized that they had made a mistake and it took them about 5 minutes to take the alledged suspension off of my license. Of course at that time the police dropped all charges.

If on the other hand 10 years ago you got your license reinstated and you thought it was an automatic deal where you just pay a reinstatement fee. Than it was never reinstated. A license reinstatment is not automatic. When you get a letter from the DMV that your license is reinstated, you actually have 30 days to go to the drivers license bureau and take a written and driving test, if this is not done your license will be automatically suspended again. I believe this might be what happened to you. If this is not what happened than as I stated above the date on your reinstated license and on the one that was suspended will not be the same, and it doesn't take a rocket scientist to figure that one out.

By looking at these two scenarios you should be able to tell yourself if your license is suspended or not and if it is not it can be very easily proven (just use the date on the license you got when it was reinstated). If by chance you never went in and got a new license, guess what, your license is now and has been suspended for the past ten years.

If you haven't yet ask the DMV what you need to do to get your license back, they might just say pay a fine and take the driving test. If they say get an SR22 and you cannot do that on your vehicle. Go to the nearest tote-the-note place and get you a $200-$500 vehicle (it will run you $30-$50) per week. Get your SR22 with that vehicle.

I hope this has helped, sorry for repeating myself I just wanted to make sure you understood what I was saying.

Good luck to you

Bini

 

[mikkey5]

Or you can go to New Mexico take a drivers test and get a brand spanking new license, then worry about AZ. all the time You will have a valid license.

And make sure the NM licese your name is spelt diffeently, such as adding/taking out a middle inital. such as robert a. smith or R. allen smith, so the morons a AZ motor vehicle will think its 2 different people.

 

[meddjay]

THANK YOU MIKKEY5 AND BINI! You both helped me a lot! See, I knew if I kept it up I would get some answers that would help me! I really appreciate it. You aren't so bad afterall Mikkey5!

 

[bini]

MIKKEY5 has a good point and that might be away to temporarily get around the system. You know as well as I do that once you get into the system it is very hard to get out sometimes it takes years. So please do not do anything where you will have to look over your shoulder all of the time, or do something that might come back and haunt you in another 5 or 10 years. That will be what will happen if you take MIKKEY5's advice. Try to be as legite as possible and get yourself out of the system, 10 years is too long to be in it.

Nothing against MIKKEY5, just my opinion

Bini

 

[JETX]

This is really so easy... and obvious.

1) Mikkey, as usual, is so wrong, it is pathetic.
- First, you can't just 'go to NM' and get a license. You have to establish residency.
- Second, unless you claim 'no previous license' (pretty much eliminates anyone over 20), you are required to surrender your previous license to the new issuing state.
- Third, all states (except MI and WI) belong either to an agreement called the "Driver's License Compact" or the "Non-Resident Violator Compact." This means that when you apply for a license in one state, they can (and will) check you for records in other states. And your AZ record will likely show up.... and prevent issuing a new license.

2) The one thing that seems to be missing in your entire post is accuracy and factual information. That can easily be resolved (and possibly the entire situation prevented) with one very simple task......
Request a copy of your driving history the state. Review it and see what it shows. Without knowing EXACTLY what the history says, you are only guessing.




48 states belong to what is called the "Drivers License Compact", meaning interchange records and your AZ suspension will show when NM (or any other state that is part of teh

 

[meddjay]

I did request a history from the DMV, a couple of times, and they show no record of ever giving me my license back. When I got the DUI originally I was still in possession of my license, just suspended for one year because of the DUI. Then my car broke down and I didn't drive for quite a number of years because I needed a new engine in my car. I was forced to put all my belongings in a storage room for a while and then because I lost my job couldn't pay for the storage room all my belongings got auctioned off, and lost everything including all my paperwork from the DMV (original suspension papers, drivers license etc). By the time I got back on my feet, got an engine in my car and was driving again, the DMV had changed over computer systems already, so when I got my first ticket after this long time period I went to the DMV, requested a history and that was when I realized that they showed no record that suspension being lifted. They showed no record of be attending any alcohol counseling, they showed no record of me paying the reinstatement fee. And I had done all of those things and they had in fact had sent me a paper saying that the suspension was lifted but as I said I lost all that paperwork, and in the interrum they had change over computer systems and that is where I think they got screwed up. Like I said in my original post I do have a weird letter from them to sent to me that when I recieved the letter the date on it was from like two years before, and the letter made no sense. So I think what happened was that when they switched over computer systems, they lost my records or my records were lost/buried in some program. And the computer just spit out that weird letter and sent it to me inadvertantly. But the DMV won't listen to me. They won't give me a hearing except if I have a current ticket pending in court. I have been trying to track down the alcohol counselor I was required to see by the court some ten years ago. I did get the record from the county jail that shows I did a weekend there ten years ago for that DUI. So I do have some paperwork but nothing to substantial. Like I said I have tried everything. I tried doing it their way, and it still didn't work. So that is why I am thinking of a law suit to force them into listening to me. But I still don't have a whole lot of proof on my side, so the ball seems to be in their court. But thank you for all concerned, no I won't do anything illegal....this is a big enough mess already as is, don't need to make it bigger. I guess I wish that a judge would just listen to me and at least let me start over if nothing else. But I guess that isn't going to happen. I don't know, I wish this mess would go away!

 

[JETX]

Okay, so if we understand your LONG story, your license was suspended. Then, apparently in error, it was reinstated. The error was discovered and your liecense was suspended (or revoked) again.
And you are trying to rely on that error to allow you to get your license reinstated again. Sorry, but it doesn't work that way.

Now, you are going to have to jump through all the hoops that are in place try to get a license. That means petitions, hearings, etc.

 

[meddjay]

No Jeff, you don't have it correct. My license was suspended, then after I completed the requirements that the DMV and the courts inposed on me (ie weekend in jail, alcohol counseling, fines) AND the one year suspension time that is automatically imposed on your license had elapsed, they sent me a letter in the mail that said that since I had completed all their requirements paid the fines and reinstatements, my license (which at the time I was in possession of still) was no longer suspended. I have since lost the paperwork it was in my storage room, and the DMV changed over computer systems but seemed to somehow now show no record of me ever completing ANY of their requirements OR pay any of the fees, they do not show they ever sent me any letter, in fact it was like the minute they changed computer systems everything in my record except the DUI got deleted. Except for that Weird letter I mentioned above that I recieved from them out of the blue about 4 or 5 years ago. That letter shows that their computer system/program is screwy because it is a letter I SHOULD have recieved ten years ago, but it took them 5 years to mail it to me? So no Jeff you don't have it correct.

 

[meddjay]

What I want to know from a lawyer is: should I sue the DMV/state to get a hearing and/or to get my license back if I can get some additional supportive paperwork like a letter from the counselor if I can track that counselor down (which is a slim chance because this WAS ten years ago), because all I have to go on right now is that weird letter that the DMV sent me 5 years after they should have! And court records showing that I did in fact spend a weekend in jail for the DUI. I guess I am banking on that letter to show that the DMV's computer system (at least in my case) was screwy and that the DMV is capable of making a mistake and the prior data they had on me was lost due to a computer error/glitch. I guess all I can do is give it a shot, but I am going to have to pay for a lawyer, all the court costs and the tickets I have right now are eating me alive, so it is going to be really difficult to come up with money to use for a court case. But if I think I have a chance I will work a lot of overtime or something. I just wanted to know what a lawyer that perhaps was reading this board thought of my chances.