Is there a way to appeal a 2 year license suspension, into a 1 year suspension after the fact?

I am serving a 2 year suspension but participating in the interlock program. I have fulfilled all court ordered requirements, and my chemical dependency assessment found that I do not have an alcohol/chemical issue, but need PTSD counseling. I am currently in treatment for PTSD at the V.A.. I blew a .17, which is why it is a 2 year suspension. Is there a way to appeal this 2 year suspension in favor of a 1 year?

Asked on February 5, 2013 under Criminal Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 7 years ago | Contributor

I agree with counsel.  You can consult with a Minnesota lawyer versed in dui/dwi matters (sorry I only do family law).  However, appeals or amednments in this area can be difficult.  If you decide to pursue the matter, you'll have a better chance with an attorney helping you.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Rather than appeal the two year suspension which you may not be able to do because of being barred by the time period for which to do so, perhaps filing a petition with your state's department of motor vehicles to amend the suspension that you received from 2 years down to 1. For that I suggest that you consult with an attorney experienced in administrative law with your state's department of motor vehicles.

From what you have written, the chances for a successful appeal does not seem likely based upon my experience in such matters.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.