Interviewer: Is it possible to apply for aa hardship license or a temporary license? What kind of assistance can you provide as an attorney?
Dale: The petitioning of the court for restoration of occupational privileges should be doneas soon as possible. Even though in most cases you are not eligible to have them restoreduntil 15 days after the date of the arrest.
You should ask for them on day five from the arrest, so on the fifteenth day, you have those privileges restored. This will result in what is called call limited privileges, for example, to allow you to go back and forth to work.
Some courts are different and will expand upon the scope of the privileges. You might be permitted to drive to the grocery store, to pick up your children, do drive for other kinds of errands.
However, other courts are very strict. They say you may only travel between point A and point B and between these set hours. Some courts require you to have a drug and alcohol assessment before they’ll permit you occupational privileges. So it depends on the court. Importantly, the attorney has to be knowledgeable about what the court will allow. This way, can get your client back on the road legally as quickly as possible. That’s always a goal.
Interviewer: It seems important that your legal representative needs to be fully aware of what each court’s expectations. It appears possible to proceed without legal expertise to petition for some restoration of privileges. But, you need an attorney with experience and knowledge about each court to be successful in petitioning for the maximum restoration.
Dale: That is absolutely correct. The procedures to restore driving privileges are widely varied and the requirements are widely varied, also.
By Dale Naticchia