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  1. #1
    Join Date
    May 2007
    Posts
    1

    Unhappy Help With Driving On A Revoked License Charge

    In Illinois-

    about 15 years ago, my husband had his license revoked due to multiple dui. He was ticketed for driving on a revoked 3 times, the last time being 11 years ago. He attended rehab, went to AA meetings, etc. but was told by his lawyer about 3 years ago that he had to go back to AA again before he could get his license, and the lawyer was very negative about his being able to get his license back even after that.

    Recently he was ticketed for driving on a revoked. The lawyer said he'd probably get a weekend in jail or community service. When we got to court, the state's attorney wanted him to have 80 days in jail. The lawyer asked for a continuance, telling us that was a ridiculous amount of time, and that he was going to have a conference with the judge about it. When we went back for the second court date, a different states attorney was there, and after our lawyer joked around with her about "either get a license or don't drive...duh" my husband was given the "great deal" of 60 days in jail, but would probably only serve 30. When the lawyer told me this I started to cry. He scolded me like I was a child and said I was being ridiculous. I can't pay my mortgage on just my salary, my husband will lose his job over this. I wasn't being ridiculous. The lawyer then told us that we could pick what day my husband wanted to start his jail term. I said it didn't matter, and again was scolded by the attorney for "starting that nonsense." The lawyer was, in my opinion, very flippant about the whole thing. We go back to court next month to "be sentenced" and they will take him to jail that day.

    I know my husband broke the law by driving. But he hasn't done anything wrong in 11 years, is now grown up, married, responsible, owns a house and has been seeing a psychiatrist for ADD and depression, who has said that he would attest in court that my husband does not show signs of being an alcoholic. He has worked very hard to overcome a bad childhood, and to get past the problems he had in his early 20's when he lost his license. I thought these things would be considered (or at least the fact that he hasn't been in trouble in 11 years), but they didn't even talk to or look at my husband in court. Everything was done in the judge's office while we waited in the court room.

    OK, anyway, my question is: Is there anything at all we can do to get out of him going to jail, or at least get a shorter sentence? Can we appeal? Should we get a different lawyer, or will it even matter? Can't he ask for community service or work release or something? This will be devastating to our family.

    My second question is, once we get past this, what do we really have to do to go about getting his driver's license back?

    And third, how do I know if this attorney is really acting in our best interest? He seems like he doesn't even remember us, or the details of our case when we see him, even at court. I would think he would at least glance over his files and read the notes for the day before court. And he was late to court yesterday and my husband had to ask the judge to call him again later when his attorney arrived.

    This is all so stressful and frightening. It's a nightmare, and I just feel like I want to die. Any advice anyone could offer would be greatly appreciated.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help With Driving On A Revoked License Charge

    A big part of it, I'm guessing, is that everybody involved believes your husband has been driving for the past 11 years, and simply didn't get caught until now. Your husband can ask his lawyer about the availability of work release. He can also try to explain his position and the family hardship that would result to the sentencing court, to see if he can convince the court to give him a lighter sentence.

    Your husband was told three years ago what he needed to do to get a license, and that it was still an uphill battle. Getting another DWLS just made it even harder.

    If you don't trust your lawyer, consider getting a second opinion from another law firm.

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