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My suspension is up for a first offense DUI. There was an accident, I had no insurance and was hit by another driver. There is no civil case, no court judgements, just letters from the other drivers insurance company wanting me to pay for her damages. The DOT received the same letter that I did asking for damages and says that I can not get my license back until I pay her. If I have no court judgements or civil suit against me for her damages, can the DOT keep me from getting my license back? The other drivers insurance company sent the DOT the damage amount. How can this be evidence against me if it did not come from the courts? When I went to court there was nothing submitted for damages and the county attorney said they did not expect any since they did not receive any paper work back from the other party. The county attorney sent out damage/restitution papers and did not receive anything back.
If you don't go to an attorney then I'm not sure what else you might do. But, as I said, this sounds like the DOT has overstepped their bounds. But getting them to admit it and rescind it means either taking them to court or taking the matter up with a higher power. The problem with that is, as a DUI you are not a sympathetic figure.
Send letters to the head of the DOT, the state's Attorney General. the Governor's office. Tell them you feel the DOT is acting beyond their mandate, the judge who handled your case. Tell them you need to know under what justification they are continuing to withold your license or that the suspension be released.
Hi,
You really can't afford NOT to have a lawyer. There are those who will talk with you, determine how to proceed, and set up a payment schedule for you. They may also require a small "up-front" retainer fee. I really suggest talking with friends, or co-workers, getting the name of a lawyer who would help you.
Best of luck.
If you are telling us all information then I agree that the DOT is wrong. First of all, how many different estimates by auto body shops did they give to the DOT. They cannot just tell the DOT that you owe them X amount of dollors. It just does not work that way. The DOT has to get all of that info from the courts...a desision in a civil hearing. I can't imagine the DOT doing this sort of thing-bypassing DUE PROCESS. Are you sure you have all of the facts?
I received notification, in the mail, from the DOT. It came in the same form that my suspension came in. I called them to find out how they came up with this amount since I had gotten nothing from the courts and nothing saying that someone was or had sued me. They told me that they received a letter from the other drivers insurance company telling them what the damages totalled. No one else received anything, not the judge, not the county attorney, no one but the DOT. I can not get anywhere with the local DOT office. I pled guilty to the DUI. I have never gone to court or been served to go to court over the accident. I was suspended for DUI and that suspension is over. I know I am going to have to get a lawyer, because you can't fight the DOT without one.
Was going to check motor vechile laws for your state, but did not see what state you are in posted,
I did look up Il law for example, all DUI suspensions are considered administrative not judicial, although the courts can order it, most are merely followed by the courts by state statue
for example in Il they have a stuate that you either have to have a letter stating the other party will not sue you, a deposit on file with the state in a sum to cover the amount of possible damages, a written repayment plan or a reciept where you have paid for the damages ( they also allow bankruptcy on the debt)
There was no requirement that there be a law suit or any judgement, once you are found criminally guilty in criminal court, though statue you are expected to pay for damages prior to recieving your licence. 625 ILCS 5/7-208, is the statue for IL.
I pled guilty to a DUI after being broadsided by the other driver. The other driver hit me. I have never been to court for the accident. I was not ticketed nor fined or anything else for the accident. Everything was about the DUI.
Well there you go! It just goes to show how powerful the insurance companies are. Since it was a DUI, you probably have not a chance even with a lawyer. I would talk to one to find out for sure though. Good luck!
Ok, we have a communication issue somewhere, you could not plead guilty to DUI if there was not a ticket. Or if the police did not charge you with DUI. If you refused a blood test then the DUI suspension is automatic and you don't always go to court but all of the state administrative rules would still apply.
But if you "plead guilty to DUI" you plead it to someone.
And of course if you plead guilty there is still a court ( you may not be there but a judge signs off on your gulity plea.
There is just something missing on the story.
Wreck happens, police come, they say, hey you are drunk, they ask you to do tests, or take breath test, you ............ either do it or refuse.
Without a police charge or your refusal to test there can be no charge.
Not up on every state but I was certified in DUI enforcement in two states and tested dozens of people and testified in court dozens of other times.
But in either case of a criminal charge or an admin suspension, many states have as listed an admin rule that certain costs have to be paid.
Since you did not sue them for the damages, and because normally a drunk driver takes some assumption of guilt for any accident.
The police report if it shows the other driver at fault could help you.
You will have to file for an admin hearing at the DOT office. But you will have to know thier rules and the such.
But a good attorney will be a must. For example, there was one attorney in Atlanta, he charged 5000 just to walk in the door for the first DUI hearing or court date. But I never once saw him lose a case, he could get anyone off by using some loop hole or something in the law.
HI,
If by now, you do not have a lawyer, please get one. Maybe some friends or co-workers can suggest one, with a good reputation involved with what you are going through.
I do wish you the best, and good luck.
As I said from the beginning, there seemed to be a number of holes in your story. As Chuck pointed out, you "plead guilty" in a court and only in a court. While you may have been broadsided it could have happened if YOU ran a red light or a stop sign and crossed their path. In which case it was entirely your fault.
We are here to help people, but we can only deal with the information we are given. If you withhold info or give us incorrect info then our advice may not be correct for the real situation.
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