Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

1993 Suspension of license after setencing - the suspenion was not in the sentence Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by mikesheridan5, Jun 14, 2011.

Thread Status:
Not open for further replies.
  1. mikesheridan5

    mikesheridan5 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    In 1994, I plead guilty to having a controlled substance in my car (marijuana) I was sentenced to a fine and self probation. within 2 weeks later i received notice from the DOT suspending my license for 180 days. Later i read an article in our local newspaper discussing it being unconstitutional. For years i searched for this document without luck. finally in the internet age I was able to find some articles relating to the license revocation.

    Is there any legal action I can take against the DOT? Following the suspension I was denied repeatedly for a work permit, Knowingly driving wihtout a license was only due to the fact that I had no other means of transportation (keep in mind this is Iowa). In the case record there is a spot that states "Licence Rev" and it states N.

    From my research, there are some similar cases to which the revocation of a license after receiving a sentence for the crime was considered double jeopardy due to being already convicted and sentenced for the such crime as the revocation was not apart of the sentence. I now know that they do include the license revocation in sentence which makes me believe i may have a case.

    Some information regarding my assumptions:

    Iowa Code section 321.2O9(8) (1995)

    www druglibrary org/olsen/dpf/dressler.htm

    To support his argument, Dressler relies heavily on two recent

    United States Supreme Court decisions: United States v. Halper, 490

    U.S. 435, 109 S.Ct. 1892, 104 L.Ed.24 487 (1989), and Montana

    Department of Revenue v. Kurth Ranch, 511 U.S. ___, 114 S.Ct. 1937,

    128 L.Ed.2d 767 (1994).
     
  2. army judge

    army judge Super Moderator

    Messages:
    35,381
    Likes Received:
    6,232
    Trophy Points:
    113

    Good luck with trying to sue a state government.

    Sorry, ain't gonna happen.
     

Share This Page

Thread Status:
Not open for further replies.