What's the statute of limitations on 'rehab'?
huey.c...@gmail.com
A person gets a DUI. In court, they are presented with a choice: lose
your license for one year, or enter into a state-approved drug and
alcohol rehab program.
Then, eight years pass, during which time no actual rehab takes place.
Given that this person would have gotten their drivers license back
seven years ago if they'd just chosen the other thing in court, do they
still have to go to rehab if they want their license back?
(And yes, I'm already aware that the correct answer is "that person
should consult an attorney", but I'm also aware that it costs me $200
every time I want to talk to mine, and I'm not _that_ curious.)
--
Huey
landotter
The word "or" seems rather important here, doesn't it?
If you've kept your nose clean for eight years--seems that you'd have
a good case in your favor.
Dover Beach
news:DLadnZjeJcMCB5fW...@speakeasy.net:
Was the person supposed to be documenting the attendance at rehab, but
just kind of didn't, and no one came after them?
--
Dover
Reunite Gondwanaland (Mary Shafer)
I've never been in this situation, but I have done the traffic school
bit and I'll bet it's the same. They don't just take your word for
it. You have to present documentation of completing the rehab program
in order to clear the hold on your license. I mean, I had to have
documentation of traffic school to clear a measly little speeding
ticket. A DUI is a lot more serious.
Mary "And the courts are fussy about stuff like this."
--
Mary Shafer Retired aerospace research engineer
We didn't just do weird stuff at Dryden, we wrote reports about it.
reunite....@gmail.com or mil...@qnet.com
Visit my blog at http://thedigitalknitter.blogspot.com/
Patrick M Geahan
> Given that this person would have gotten their drivers license back
> seven years ago if they'd just chosen the other thing in court, do they
> still have to go to rehab if they want their license back?
Yep.
Well, they could probably appeal, but yeah, barring going back
to court, they have to go.
The 'rehab' was their punishment; no different than if they'd
been sentenced to jail and then skipped out.
--
-------Patrick M Geahan---...@thepatcave.org---ICQ:3784715------
"You know, this is how the sum total of human knowledge is increased.
Not with idle speculation and meaningless chatter, but with a
medium-sized hammer and some free time." - spa...@pffcu.com, a.f.c-a
huey.c...@gmail.com
I don't think the court system will accept "the dog ate my homework".
However, I did get away with that one with one of the universities I
attended: those $150 worth of parking tickets that had a hold on my
transcripts went away somewhere in the three or four computer system
upgrades they had between then and now.
--
Huey
Mark Steese
> Here's a question I have absolutely no idea how to answer.
A defendant who accepted the sentencing option of entering into a rehab
program and then refused to do so would most likely be arrested and charged
with contempt of court. (In many states, if you get a DUI, your driver's
license is suspended, you pay a fine, *and* you get ordered into rehab.
That's for your first offense. Here in Oregon, your first DUI gets you, at
minimum, a mandatory exam to determine whether or not you should go to
rehab, a year's suspension of your license, and a $1000 fine. Getting a
choice between a suspended license or a trip to rehab would be a pretty
sweet deal.)
--
Mark Steese
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PS: Your second question, you thought I forgot? I didn't. I never found the
banana slug. - William Least Heat-Moon
Lee Ayrton
Depends on the wording of state statue and DMV policy, donnit? If either
says that you shall do either A /or/ B and you've done one, the letter of
the statue is satisfied.
If you've done neither, well....