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.

magprob

In any DUI, There is a criminal aspect and then a civil aspect. The courts handle the civil aspect and the DOT handles the civil aspect, license suspension sactions.

pwillett06

If you go back and read my original post, I stated that I pled guilty to a DUI. I did that in "criminal" court. I was broadsided by another driver who ran a red light and hit me. I was given a citation for DUI only. I was not ticketed for the accident nor was I ever told the accident was my fault. I was fined and sentenced for a DUI. I have never been to civil court or any other court for the accident nor have I been sued for the accident. My question has always been, "Can the DOT keep me from getting my license back when I have never been found at fault or guilty for the accident". My suspension is up and the only thing that is keeping me from getting my license back is the FACT that the DOT received a letter from the other drivers insurance company stating what the other drivers damages were. The DOT has decided that I am guilty and liable without any civil action or criminal action decisions pertaining to the accident that come from the result of a hearing or trial. My question has always been, "Is this legal"?

ScottGem

In a previous note you said:

But you have been to court. Whether you were ticketed or arrested or whatever, you pled guilty to DUI. That plea was basically an admission of fault in the accident.

But, be that as it may, as I have mainteined all along, I don't beleive the DOT is within its authority to continue the suspension of your license because you have not paid the damages that resulted from the accident. If the DOT is doing this, then your recourse is with someone from the state who can intercede with the DOT. Or the DOT needs to prove they are within their authority.

At this point, you need a lawyer who can lead you thru the bureacratic morass.