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-   -   Court, DMV disagreement (https://www.askmehelpdesk.com/showthread.php?t=381671)

  • Jul 30, 2009, 02:27 PM
    nick13336
    Court, DMV disagreement
    I talked to someone who received a DUI in the Arizona in Jan 2009. It is now July and the DMV is still unwilling to reinstate his license, they are saying it is his second offense, first one being Feb 2007. It is true that he got a DUI in Feb 07, however this most recent DUI was treated by the court systems as his first, and the prosecutor stated in the plea agreement that everything would be handled as his 1st DUI. First DUI offenders receive a 3-month suspension on their license, 2nd offense is 1 year. Is it legal for the DMV to not go with how the courts are handling the situation?
  • Jul 30, 2009, 02:32 PM
    N0help4u

    I am thinking that they may have meant fines, jail time. Did they specify his suspension would be treated as a first time offense.
    Did he have a lawyer that he could ask?
    Does he have any papers proving anything?
  • Jul 30, 2009, 02:42 PM
    nick13336
    No lawyer, the prosecutor specifically stated that he was "lucky" because he was going to get his license back in 3 months. Can the court order the DMV to reinstate his license or can they require that the DMV issue a restricted work-use license? All paperwork is in the impounded truck.
  • Jul 30, 2009, 02:47 PM
    N0help4u

    Shouldn't he be able to get his impounded truck back by now?
    I think he should be able to ask the court for copies of the paperwork.
    I am sure there are things he can do here but I'm not sure what his best plan would be.
    He needs something proving that the court over ride the second DUI to a first one they may only be going by their records of incidences.
  • Jun 15, 2011, 11:03 AM
    carlastevenson
    Who do you talk to about this situation, my daughter PURCHASED her car, but when she received her license she missed placed it, upon waiting on a copy, she temporarily put her insurance under her friends name, she now has her license and has had it for some several Months she was told the bill was due$ 85.00 she gets paid in 2 days, her name is on the Title and because her friend is bitter she had her car taking, prior to that she spoke with the insurance Co. And had everything transferred and the Co. Said all her friend had to do was call in and Authorize this, and she refused. This young lady has a bad driving record opossed to my Daughters Clean Record she has all Documentation. Can someone Guide us the Direction to get her car Back, what Dept out Media Court House Media Pa.
  • Jun 15, 2011, 11:15 AM
    carlastevenson
    If a person refuses to transfer the actual owners insurance over in their name, because they may possibly have Points against their License, and the Person who Owns their Veichle,calls to transfer everything and the information is recorded and your willing to pay everything with a Post Dated check why would you not do it, opposed to going through the dramatics of having the car taking from the owner? Any sugg on how to go about retriving her vehicle.
  • Jun 15, 2011, 12:19 PM
    AK lawyer
    Quote:

    Originally Posted by carlastevenson View Post
    Who do you talk to about this situation, my daughter PURCHASED her car, but when she received her license she missed placed it, upon waiting on a copy, she temporarily put her insurance under her friends name, she now has her license and has had it for some several Months she was told the bill was due$ 85.00 she gets paid in 2 days, her name is on the Title and because her friend is bitter she had her car takin, prior to that she spoke with the insurence Co. And had everything transfered and the Co. Said all her friend had to do was call in and Authorize this, and she refused. This young lady has a bad driving record opossed to my Daughters Clean Record she has all Documentation. Can someone Guide us the Direction to get her car Back, what Dept out Media Court House Media Pa.


    Quote:

    Originally Posted by carlastevenson View Post
    If a person refuses to transfer the actual owners insurance over in their name, because they may possibly have Points against their License, and the Person who Owns their Veichle,calls to transfer everything and the information is recorded and your willing to pay everything with a Post Dated check why would you not do it, opposed to going through the dramatics of having the car takin from the owner? Any sugg on how to go about retriving her vehicle.

    Please start a new thread. Reading information from several years ago isn't going to help us help you.

    Who is taking the car from your daughter because the insurance is in the friend's name? The insurance company? The "friend"? Someone else?

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