Here’s an all too common unfortunate situation:
I received a DUI continuance with out a finding in March of 2013. Although the courts were only trying me as a first time offender, I had a prior DUI with the same finding 7-8 years ago. I went to the hearing for my hardship license on my own about two months ago at the Board of Appeal and had a horrific experience, where they basically tell everyone there they are alcoholics. I have completed all of my alcohol classes and abide by my probation as well as go to work and go to school. I need a license to work and go to school and they denied me based on my prior driving record and that I have had prior suspensions. I have never even applied for this ever before during any prior suspension, and besides a major surchargeable accident I had a couple years ago, I had not a single citation in six years. I was told that they can’t refuse you if you are applying for a Cinderella license for the first time and I am not sure if this is true or if there is anything I can do to get back on the road any time soon. My suspension was for 2 years because the Registry counted my prior DUI against me. Just wondering if there is anything I can do at this point.
The unfortunate answer:
There’s nothing that you or I can do. The Registry is legally entitled, and in fact required, to treat you as a second offender and it is completely untrue that you cannot be denied for a Cinderella license for the first time. That is misinformation and totally inaccurate. The grating of a hardship license is purely discretionary. If you’re serious about getting a Cinderella license, you need to contact a lawyer before your hearing. The Board has made its decision and there is nothing that I can do to help you.
In some cases, the Board will give you a re-apply date and in those cases, I can represent you at a new hearing. However, in your case the Board voted to affirm the suspension and it did not give you an opportunity to re-apply for a new hearing. Therefore, you will have to serve the balance of your suspension and there is nothing that can be done.