Can I motion the judge to reinstate my suspended license?

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Question:

Can I motion the judge to reinstate my suspended license?

Answer:

A drivers license suspension is a common result of certain traffic offenses. For example, you might receive a suspended drivers license for drunk driving or for reckless driving. Too many points on your license or unpaid traffic tickets can also result in a suspended license. If your license is suspended, this probably creates a whole host of problems for you. You may be unable to get to work or to fulfill your other obligations.

Whether or not you can get a drivers license reinstatement for your suspended license in such cases depends on a few factors:

  • Was your license actually suspended by a judge, or was it an administrative suspension? In some states, when you commit certain offenses- like getting arrested for a DUI- then the DMV of the state where you live suspends your license automatically as an administrative action. In such states, you won't make a motion to a judge to get your administrative suspension lifted. Instead, you'll request a hearing with the DMV where an administrative judge or a DMV official will make a decision on whether you can get your license back
  • Have you completed the requirements of your sentence? If your drivers license was suspended by a judge as part of sentencing, you usually won't be able to get it back until you have completed all of the requirements of doing so. For example, if you were required to do community service or to undergo driving classes or drug and alcohol counseling, you'll need to show you completed these things before you can get your license back.

In some cases, you may also be able to apply for a temporary or restricted license that allows you to do only limited things- like driving to work- before you have completed all of the requirements as well as waited out the waiting period mandated for your suspension.

To determine what your options are and to get help getting your license back, it is strongly recommended that you speak to an experienced attorney.

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