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Can an attorney help get my driver's license reinstated?

Can an attorney help get my driver's license reinstated?

Answers (1)

Depending on the reason for your license suspension and the traffic ticket laws where you live, an attorney may be able to help you get your license reinstated. An attorney cannot make the problem go away, though; if you have a suspended license, there is a reason, and you must address that reason. A lawyer can help you to explore all your options for dealing with it and can assist you in coming up with a plan to have the best chance for reinstatement.

The first thing your lawyer will do is determine who you must appeal to in order to have the license reinstated. A driver's license may be suspended either by a court or by the DMV. The key difference is that an administrative suspension by the DMV is often automatic. In other words, if you get arrested for a DUI or reckless driving in some states, the DMV automatically takes away your license. You can request an administrative hearing to argue for why that shouldn't happen, but the license is still initially suspended through automatic operation of the law.

The other way in which your license may be suspended is if the court orders suspension as part of a criminal sentence or sanctions. For example, if you face criminal DUI charges, a part of your penalty under the criminal code may be the loss of your license for a period of time.

Once your lawyer determines whether the DMV or the court suspended your license, your lawyer will help you to determine what steps you should take to get it back. Generally, you have a few options here:

  • You can resolve whatever caused the suspension. For example, if your license was suspended as a result of you not paying your traffic tickets, you can pay those tickets and then request reinstatement. By proving you paid the traffic tickets and by paying all required reinstatement fees, you can get your license back. 
  • You can wait out the suspension, fulfilling any requirements you need to in order to get it back. For example, after you get a DUI, you may need to do community service, go to drug/alcohol counseling, get a special type of car insurance, and have your license suspended for a set period. At the end of the period, you can petition for reinstatement of your license and prove that you did all the other things required of you. You'll also need to pay reinstatement fees when you get your license back in this case. 
  • You can petition for a restricted license due to hardship. If you can't wait out the suspension period, you may be able to ask to have a restricted license issued. This license allows you to only drive to certain places, and will only be allowed if you can provide the suspension is a true hardship. For example, if you have absolutely no way to get to work without your license (no bus routes available), you may be able to petition to get a restricted license in order to drive to and from work only. 

A lawyer can help you explore your options for getting your driver's license back and can help you to decide which of these choices is best, given your circumstances. 

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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