August 2, 2011

A Parent Is Asking for Help ---

Someone in my area contacted me today seeking some answers to a legal issue, and also wondering if anyone has ever used an employer based legal plan.  Please leave a comment.

What I don't understand in this situation is why her son was every considered an unsafe driver!!!!  (this young man seems to be doing well and has a good driving record, car insurance and no felonies!  So this seems really bizarre.  Please leave comments if you have any insight to help her out.

Here is the situation:

"My son has recently been notified that his drivers license has been suspended. He has requested an administrative hearing to try to appeal and it is scheduled on 8/22/11.
He was not arrested. He was living in his car back in Feb and every few days he was being searched by the police. They submitted a notice to the DMV about him potentially being an unsafe driver. He appeared for a reexamination and they interviewed him about 6 weeks ago. He admitted to his past Heroin use but has been clean for about 90 days.
I am looking for some legal advice for him. I have a legal plan at my work that I have access to. I am wondering if anyone knows first hand about their process.
I know that the ruling will be final from this hearing. The suspension order just says that his license may be reinstated after a significant period of sobriety. I would like to know what that means in length of time and any other advice anyone can give us.
My son has a good drivng record, is insured, does not have a felony and is doing very well right now.
Thank you."
P.S. I have a question of my own, does anyone know what a "health and safety code violation warrant" could be about?  Anthony has one of those in addiction to his warrants and his new charges (evading an officer and resisting arrest).
Never mind - I found out this is possession for intent to sell


5 comments:

Terri said...

If it is like the plan we have through my husband's work all they do is give legal advice not representation. Wonder why her son is being targeted if he is sober? Damn, do addicts ever get a break?

A Mom's Serious Blunder said...

Oh goodness I do not like the sound of this... They are taking his license away just umm because??? Very interested in hearing a professional opinion. Saying you used to drink or do drugs does not make you an unsafe driver because if that was the case more than half the people in this country would be in jeopardy of losing there license.

Lou said...

I could write a book on this.

1)it doesn't matter if we think its fair or not. It is what it is.

2) work legal plans won't touch alcohol/drug violations with a 10 ft pole

3) this is a very serious situation, they can take his license for years. My son has been trying to get his back for 8 yrs.. I'm too tired to go into the details. A lawyer will charge you lots of money, but cannot get the license back no matter what they promise (and charge)

4) he will need to do the following to have a chance at the hearing:

attend meetings, and show proof of meeting attendance. A sponsor would be good

show regular drug testing

have a psychiatrist or addiction specialist fill out a form (get it at the DMV) saying he is fit to drive. Most charge hundreds of dollars for this

does he work? Have employer write letter

anyone that will vouch for him is good--priest, volunteer work, etc

If he shows up at the hearing unprepared he cannot request another hearing for 2 years. That is how it is in Michigan anyway.

If he is not clean, and cannot PROVE it, don't even try.

Good luck and God bless.

Anonymous Mom said...

Wow, Lou, thanks. You are a wealth of info, although this is very discouraging it may help her son in a big way to prepare for the hearing. Life is so UNFAIR but like you said - it was it is. My world just turned again, Keven is not doing well at all, he's threatening to run, etc. I give up. I just wish I were better at not letting it get to me.

beachteacher said...

I'm sorry to hear of this...for this woman's son...and of course for whatever Keven is feeling. I will continue to pray for him..and hope that he has a big change of heart, pronto. Thinking of you here.

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