If you are anything like I was in my early twenties, you might have what is called a “lead foot.” Let’s be honest; sometimes, I still have a lead foot, and it has been decades since I was in my twenties. What is different today than back then? Well, by the time I was a mere twenty-one years old, I had more than twenty-four points on my license!
You might be asking yourself, “How did she accumulate twenty-four points when you are supposed to lose your license after twelve?”. You are not wrong for asking. Unfortunately, I made a series of bad decisions to drive while my license was suspended and received two driving on a suspended license infractions, plus additional speeding tickets. Let’s just say I had quite the mountain to climb in an effort to get my license unsuspended.
Frankly, it doesn’t matter if your license was suspended because of a drunk driving offense, too many speeding tickets, or reckless driving; hiring an attorney as soon as possible to restore your license is the first thing that must be done if you need the best outcome possible.
Should your license be revoked as a direct result of drinking and driving, you might want to take a closer look at your relationship with alcohol. Suppose it has been problematic, causing unmanageability in all areas of your life, specifically with close relationships. In that case, it might be time to put the bottle down to seek a healthier lifestyle and a better way to cope with life on life’s terms.
If you suspect or someone has suggested you might have a drinking problem, seeking a twelve-step recovery program well before your court date is highly recommended, and the judge will look more favorably towards your case if you do so. That is, as long as you are being honest, genuine, and willing to do the work it takes to change the unhealthy behaviors that created the drunk driving problem in the first place.
Speaking of unhealthy behaviors, road rage can also cause terrible consequences, such as auto accidents. And when an accident happens, you can be sure to lawyer up. If they’re injured, their attorney will file a personal injury claim demonstrating your careless, negligent, or reckless road raging actions.
No judgment from me, though, as I have been guilty a time or two of losing my temper in a traffic jam. Thankfully, I have yet to act on any of that anger because I sought therapy in an effort to work through the issues that triggered my road rage. And, if it is reckless driving because you have an issue with road rage, seek out anger management groups and therapy before even securing an attorney.
When a driver’s license is suspended, the DMV/Secretary of State, etc., will typically send a notification by mail in writing, listing the reasons for the suspension and how long it will last. At this time, there will be information on how to appeal the suspension. Each state has varying processes, but generally, you need to file a petition with the court to request a hearing.
Upon the court date, the opportunity to present evidence and testimony as to why your license should be reinstated will be extended. Depending on the strength of your case and your attorney, the judge will decide whether or not to reinstate your license.
Should the judge look kindly upon you and your license is reinstated, there will be a fee. On the other hand, if it’s not reinstated, you might be granted a restricted license that allows someone to drive to and from work or school. However, there is no guarantee, as each case depends on many variables.
Note that even if you’re lucky enough to get your license reinstated, you may still face some restrictions, such as installing an ignition interlock device or being placed on probation.
Keep in mind that the appeals process can be quite lengthy, taking several months. Again, another reason why it is crucial to secure an attorney as soon as possible is so that they can begin working on your case promptly.
How to file an appeal for license suspension
Determine whether an appeal is available to you by contacting your state’s DMV or the court that handles traffic violations. Check the list below for possible avenues to solutions.
- Determine whether an appeal is available to you
- Check your DMV’s website for information about appealing a suspension
Look for information about appeals in the letter you received informing you of the suspension
- Call your local DMV/secretary of state and ask about the appeals process
- Contact an attorney
An attorney can help you determine whether an appeal is the best option for you and can guide you through the appeals process
- Appeal to the court
In most states, you will need to file a petition with the court to have your case heard
- Gather evidence (anger management classes or twelve-step meetings)
You will need to present evidence at your hearing in order to convince the judge that your license should be reinstated.
Evidence you might want to present:
You might want to gather letters from your employer or school explaining how losing your driving privileges would cause significant hardship. Also, you’ll need to show you’ve completed any necessary treatments, like alcohol education classes or anger management counseling.
It’s essential to demonstrate that the issue that led to your suspension has been addressed, things like a letter from your employer showing your attendance issues are resolved or a confirmation from your insurance that you’ve maintained continuous coverage.
Don’t forget to get ready for your testimony, too. When you testify at the hearing, you’ll need to clearly explain the reasons why your license should be reinstated.
While hiring an attorney isn’t mandatory for filing an appeal, it can be incredibly beneficial. An attorney will assist in gathering evidence and prepping your testimony. Plus, they’re skilled in negotiating with the prosecutor having the right experience and relationships to advocate more effectively on your behalf.
Appeal a driver’s license suspension
In conclusion, if you are asking about a driver’s license appeal, chances are, your license is already suspended, if not restricted. So, make sure to hire an attorney first before trying to screw up any opportunities you might have in winning the appeal. Remember, stay calm, and always be respectful!