Washington State Suspended Driver's License. DOL Issues

[stikystikyricky]

My question involves a driver's license issued by the State of: Washington State


Hey guys.. I got in an accident 7/06.. because alcohol was involved I got charged with vehicular assult in 12/07. When I was sentenced on Jan 18th of 2008 the judge asked me in court if I had a ride home, I said yes. She then punch my license and advised me to surrender my license to the dmv asap! So on 1/25/08 I surrendered my license and got an id card. I just got a letter in the mail saying my license will be suspended 8/31/08 until 8/31/09. I have already had my license suspended for 8 months and its a total of a 12 month suspension!!
After sitting on the phone with the dol they told me the judge doesnt have the right to suspend my license and the only way I can have it reinstated in jan 2009 is to get a letter saying she forcefully suspended my license for 12 months in court and the dmv MUST not can not shall, MUST reinstate my license 1/18/2009.
I contacted my attorney and told him. He was in court with me that day and remembers the judge punching my id and telling me I cant drive for 12 months. He said there is no way the judge would write such a letter. Now I am screwed and am not going to be able to drive for 20 MONTHS ON A 12 MONTH SUSPENSION!! thats not cool!! any advise? Aside from this one conviction of have a crystal clear record. I have followed everything the court told me to do with no problems at all.. thanks!

[seniorjudge]

You need to file an action against the judge.

A writ of prohibito is, if I remember my writs class, what you need.

And, of course, you will need a lawyer.

[stikystikyricky]

I dont really see how thats going to get me my license back. The people at the DOL are being a bunch of a$$holes and it takes an hour of being on hold just to talk to them. They keep saying there is nothing they can do about it. The whole situation is messed up! I am not going to be able to drive until next aug and I have already been waiting 8 months on a 12 months suspension!

[stikystikyricky]

Does anyone have any ideas that could possibly help? I spoke with my lawyer and he said the judge wont write a letter. She has no reason to. Now im stuck with a 20 month suspension and I cant even get a restricted license to go to work. This just plain sucks! I dont know what to do. Its been almost a year now and I have been walking for miles EVERYWHERE!!! And another year is going to be just plain torture!!!! PLEASE give me any advise!!

[Mercutio100]

There should be a record of the court proceedings that you can request from the court clerk. Your attorney should be able to refer to this in a declaration and motion to amend the previous order that would have been issued when the court punched your license. The order should be amended to reflect the court's previous action. Your attorney should then be able to forward this to the DOL.

Still, it's odd that the original order would not have included this in the first place. The prosecutor would have needed such an order to forward to the DOL in order for the license suspension to actually take effect. I've also never heard of a judge actually punching licenses. Which county did this occur in, and who was your judge?

[Mercutio100]

You need to file an action against the judge.

A writ of prohibito is, if I remember my writs class, what you need.

And, of course, you will need a lawyer.

Ignore the above ill-informed advice about such a writ or filing an action against the judge.

[ashman165]

I'm confuzzled about a lot in this case.

Judges don't punch driver's license. That's an executive function, not a judicial function.

The advice on filing a writ wasn't ill-informed. Anyone may petition for a writ. In this case, since the power by this judge isn't one vested in it, (if we believe OP anyway) the writ would surely be one curative remedy.

You should have in your paperwork, or your lawyer should, the court's order for the suspension. You should take that to the DOL to show that your driving privilege was only suspended for one year.

It sounds to me like a clerical error. If they have documentation which supports their claim of the suspension period, your lawyer can deal with that.

[stikystikyricky]

Thank you guys so much for responding to my issue. Here is a basic follow up:

-Yes the judge did punch my license in court, she advised me not to drive and surrender my license as soon as possible. She made sure I had a ride home.

-I surrendered my license at the DMV 01/25/08

-This case was in the Maleng Regional Justice Center, Kent WA

-My judge was Kimberley Prochnau

-I contact my attorney who is pretty much being of no help. I paid him a ton of money and figure I may have to do this myself. I finally got a hold of the people at the DOL mandatory suspensions unit. Sent them a copy of the court affidavit which indicates my license was suspended. The mandatory suspensions unit says that is proof and my license should be issued to me jan 25th 2009. However for their records they need a signed letter from an authorized court representative stating my suspension began on Jan 18th for the DOL records.

-I called the bailiff of the court and she told me I must contact my attorney.

-My attorney says the judge will not write such a letter.

Thank you guys for taking your time to help me out. I look forward to your follow ups!
-Rick

[ashman165]

Thank you guys so much for responding to my issue. Here is a basic follow up:

-Yes the judge did punch my license in court, she advised me not to drive and surrender my license as soon as possible. She made sure I had a ride home.

-I surrendered my license at the DMV 01/25/08

-This case was in the Maleng Regional Justice Center, Kent WA

-My judge was Kimberley Prochnau

-I contact my attorney who is pretty much being of no help. I paid him a ton of money and figure I may have to do this myself. I finally got a hold of the people at the DOL mandatory suspensions unit. Sent them a copy of the court affidavit which indicates my license was suspended. The mandatory suspensions unit says that is proof and my license should be issued to me jan 25th 2009. However for their records they need a signed letter from an authorized court representative stating my suspension began on Jan 18th for the DOL records.

-I called the bailiff of the court and she told me I must contact my attorney.

-My attorney says the judge will not write such a letter.

Thank you guys for taking your time to help me out. I look forward to your follow ups!
-Rick

The order issued by the court suspending your license will have a signature from the issuing authority. That's all you should need. You shouldn't have to get a letter saying that the signed court order you have is actually a signed court order.

I'm sitting here looking at this judge's site right now. She's not assigned any criminal cases. She's in the civil division.

At any rate, instructions on how to contact the judge are on that site.

G'luck.

[Mercutio100]

I'm confuzzled about a lot in this case.

Judges don't punch driver's license. That's an executive function, not a judicial function.

The advice on filing a writ wasn't ill-informed. Anyone may petition for a writ. In this case, since the power by this judge isn't one vested in it, (if we believe OP anyway) the writ would surely be one curative remedy.

You should have in your paperwork, or your lawyer should, the court's order for the suspension. You should take that to the DOL to show that your driving privilege was only suspended for one year.

It sounds to me like a clerical error. If they have documentation which supports their claim of the suspension period, your lawyer can deal with that.

I didn't say that no writ could be requested. However, a writ of "prohibition" is not used in superior court (it's limited to application in courts of appeal) A writ of mandamus is an example of a writ that can be presented here. (Not a practical route though) Also, the suggestion that some sort of action be brought against the judge is certainly inappropriate.