Ok i got a ticket in June of 03. 96-55 with Reckless driving (rolling stoppie at redlight) My lawyer seem to think he could get me off scott free when i talked to him. Well he keept continuing it and pushed it all the way to jan 26th 04. So the ruling was Reckless driving dropped but lose your license for 30 days with work driving (6-8) weekday no weekends. So i am pretty happy right. Well i pay the fine get my new drivers license and start serving my convition Jan26th 04 hope to get back Feb 26th 04. Well Feb 9th rolls around and i get somthing from the dmv saying my **** is revoked and will be for 1 yr. I get my lawyer to see whats up he says the judge was over ruled by the DMV and she rewrote the sentense for 1 yr!!!! instead of 1 month so wtf happend. I could appeal it and appear infront of the dmv to see if i could get my old punishment back instead of thsi new crap they gave me. lawyer talked to someone at the dmv and they said that if i appear in front of them i could end up even loosing my work driving privaledge if i got some *******. So i am really pissed now. My driving record before was 59-50 its only 1 driving point. So my parents send me this said they found it on the web
§ 20-16. Authority of Division to suspend license.
(a)The Division shall have authority to suspend the
license of any operator with or without a preliminary hearing
upon a showing by its records or other satisfactory evidence
that the licensee:

(11) Has been sentenced by a court of record and all or
a part of the sentence has been suspended and a
condition of suspension of the sentence is that the
operator not operate a motor vehicle for a period
of time.


see that makes me think that i can get it back because it was ruled by the court and i already started serving that sentence.

Anyone know what i should do?

 

get a new lawyer

 

that truely is a load of crap hope it all works out

 

Have you ever had a license suspention before? If you have that could be why they upped it to a year.

 

The DMV does not have jurisdiction over a judge, if a judge made a ruling, they cant veto that, the dont have that power. The dmv is a service union.I donnot believe they be themsleves can overrule jack.Get a lawyer that actually cares about your case, sound to me like the old one just wanted to wash his hands of it.Im pretty sure they can only interpret the ruling and make a judgment call on some occassions. But the DMV as far as I know can carry out a judgment, but not give them.There are no majestrites working there as far as i know and they are the ones who hand out the judgements. Definalty get a lawyer and have him see if they made a mistake before takin it farther. Usually if you make a big enough fuss, they drop it.

 

Hey bro, do you come to the zx6r.com/kawiforums.com forum?? I would say get a new lawyer and go for it.
good luck to ya

 

yea i am on that forum

 

I'd have to agree with insane...
the personell with the most athourity in the DMV is the state troopers, and I know they can take your licence on the spot pending trial, but they can't change a judges decision/verdict/punishment.

That is a legal document that can only be changed through legal process ie: if the first sentence gets suspended(like geting another ticket, or breaking the rules of first sentence), or if you appeal through court in front of a jury.
that just what I know first hand.
.02

 

Actually the DMV is a completly seperate from the courts. You can get that same ticket that he got, go to court get the ticket dropped completly and the DOT can STILL take your sh*t.. Trust me that exact thing happened to me. That is the best way I can explain it (Can't remember how my lawyer explained it) I would still say fight it. Either way your screwed. GL