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    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
    Ultra Member
    		  
    #21

    Apr 19, 2006, 10:06 AM
    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's Avatar
    pwillett06 Posts: 15, Reputation: 1
    New Member
    		  
    #22

    Apr 23, 2006, 12:10 PM
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #23

    Apr 23, 2006, 02:39 PM
    In a previous note you said:
    Quote Originally Posted by pwillett06
    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.
    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 believe 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 through the bureacratic morass.
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