One of the initial questions all of my clients ask me when we speak is “How long will it take to get my license back?” This is a very fair and understandable question. At this point most people realize that the police officers tricked them into taking the breath test by telling them that if they took the test they would only lose their license for 90 days but if they refused it would be for a full year. There are a few proven methods for getting driving privileges, or your license back:
ADMINISTRATIVE LICENSE APPEAL.
The law allows an individual who has had their license suspended by a police officer to appeal this suspension if done so within five days, or in some cases thirty days, of the person’s arrest. In these appeals the defendant needs to show that there were no reasonable grounds to administer the test, that reasonable grounds exist for the appeal, or that there was some defect in the way in which the tests were administered.
STAY OF ADMINISTRATIVE LICENSE SUSPENSION.
In this method instead of challenging whether or not there are reasonable grounds for the police officer to have suspended the license after a breath test, we petition the court to temporarily stay the suspension until the end of the case. This means that we are representing to the court that we believe we may be able to prevail on the case overall and that the suspension will go away through those means. There is some risk here – these stays are typically done early on, before full discovery (where we obtain the evidence) can take place. Sometimes the prosecution actually has a good case – the result is that you have to serve the suspension at the end rather than up front.
PETITION FOR DRIVING PRIVILEGES.
The third option we recommend is that after looking at your specific situation we determine that it is in your best interest to wait out the hard suspension period (15, 30, 45, or more depending on your case) we will obtain privileges for you once that period of time is up.
Call us for a pressure free consultation at (330) 752-6706. As former prosecutors both my partner and I understand how important these cases are to you and would be honored to become your Akron DUI Attorney. We promise to take your call as seriously as you deserve, to treat you with respect, and if for some reason we are not able to help you to give you the name of a skilled attorney that can.