Exploited Need for DL Renewal Financial Gain

[Rynstine]

Jurisdiction

Colorado

The situation:
I recently went to renew my license in CO and found out that it was suspended in WI from an OWI conviction in 1998. I called the WI DMV was told that due to a new law I needed to het a alcohol assessment and complete the hours of alcohol recommend to fulfill my obligation to the conviction before WI would release my suspension and CO would renew my license. The lady in WI said that the original sentence called for 6 hours of classes but said that since it was 20 years ago they would go by what the new assessment recommended but would probably require at least an hour or 2.

This was annoying as this conviction and sentencing was 20 years ago but I figured I would just get it over with and go through the steps. Those steps were to be as follows:

-Visit a drug and alcohol counselor for assessment. They would assess my need for alcohol counseling and give a recommendation to and send paperwork to WI

-I would then take the recommended classes

-After completing the classes I would get paperwork to send to WI and they would clear my record and I would be able to renew my license and move on with life.

So I went to the assessment and relayed all of this information to the counselor stating the original sentence amount and that I needed to do an hour or so to fulfill WI requirements. The lady then told me that CO usually requires 12 hours for a DWI. To which I replied that was twice as much as my original sentence and that was 20 years ago and since then I have not had any drug or alcohol related offenses and thought that was a bit severe. At the end we agreed that 6 hours was fair and I left. I was a little disappointed at having to still do the 6 hours after so many years but figured I'd just do it and get it behind me.

This is where the exploitation and maybe extortion comes in.

I went to go start my classes and without telling me the counselor had upped my hours to 12. Doubling my original sentence, even after we discussed how that was a little extreme.

To me this is clearly exploitation of my need to clear my license for the future and is extorting money from me because of the fact that I have to pay for every class. So in effect the organization has required me to pay double what my original sentence was from 20 years ago on an effort to fund their business. The real kicker is this assessment was supposed to be based on need for alcohol abuse and I rarely drink at all. If I do it's a beer or class of wine at dinner. Hardly an excessive amount requiring 12 hours of abuse classes.

My question:
Do I have a malpractice case? Can it be shown that this organization is practicing exploitation to extort money from me and do I have recourse?

 

[army judge]

Do I have a malpractice case?

No

Can it be shown that this organization is practicing exploitation to extort money from me and do I have recourse?

I have no idea what anyone can show or create.

If you believe you can prove you're being exploited, you are free to try.

You do have recourse.

You can contact other agencies in or near Denver or Colorado Springs to supply you with the required training.

Here area few that I discovered with such a search.

I am NOT endorsing ANY of these agencies.

This list is simply meant to illustrate that there are many in the Denver metro area and beyond:

BCS Denver / Englewood Colorado DUI DWAI Alcohol Education Therapy Classes Level 1 2 - Index html

DUI classes Denver Alcohol Behavior Information - Addiction Treatment Center in Denver

http://genesis-counseling.com/

ideacares.com – Charting A New Course

ATOPS (Addiction Treatment Outpatient Services)

https://www.1stpriorityinstituteforbetterliving.com

http://www.serenityeducation.com/

 

[Rynstine]

Thanks for the reply Army Judge.

If the definition of Malpractice is:
The improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official.Then it seems to me this health organization improperly prescribed treatment based on their ability to charge for it and their knowledge that I would legally have to do it, not based on my actual current need for alcohol treatment.

While it may be that a case isn't feasible a simple "no" seems a bit dismissive. Could you please elaborate?

Also I assume by providing other organizations in your reply you are suggesting that I get more opinions?

If so that won't correct the matter as this organization has sent paper work to WI requiring that I take 12 hours of classes. So now that is what WI is requiring that I take in order to clear this up.

What I'm saying is that this organization has exploited my situation for financial gain by effectively doubling my sentence needlessly except to extort fees from me for their organization's financial gain. And now I am stuck.

Do you think I should consult a lawyer? Do you think this would be a waste of time. If so why? How is this acceptable practice? Please don't reply with a callous "because" answer.

Although this may seem to be a small issue it seems to set a rather ugly precedent where by organizations can take advantage of a loophole to sentence without due process while gaining financially from a vulnerable population.

Thanks for your time.

 

[Rynstine]

What it boils down to is that I believe this organization has caused me harm needlessly. Do I have recourse. If so how do I go about obtaining said recourse?

 

[army judge]

Could you please elaborate?

No

Also I assume by providing other organizations in your reply you are suggesting that I get more opinions?

Yes

Do you think I should consult a lawyer?

Yes, lawyers generally offer a free initial consultation which a person can use to assess their situation and any potential for a lawsuit.

Although this may seem to be a small issue it seems to set a rather ugly precedent where by organizations can take advantage of a loophole to sentence without due process while gaining financially from a vulnerable population.

You had the opportunity to consult several agencies BEFORE apparently agreeing to what the first organization proposed.

Frankly here's how I would view this.

What is the cost of a 2 hour course over a 12 hour course?

The delta amounts to what you perceive as damages.

Does the delta exceed the cost of waiting for a lawsuit to go through our antiquated, slow, expensive legal system?

One can expect this type of lawsuit to take anywhere from one to three years.

Even if the delta was low enough to not exceed your small claims maximum in CO (which is $7.500),
expect a small claims case to take eight to twelve weeks to have a verdict rendered. Then you could spend years trying to collect the damages awarded, assuming a judge believes you have damages.

An easier way to view this is the present cost of a 12 hour solution, versus the cost of waiting while a legal challenge winds it way through the court system.

My opinion means nothing.

For instance do I think you could prevail?

It doesn't matter, and despite what others might say, no one can predict how any trial will end, just as no one can predict what lottery numbers might fall today.

 

[ElleMD]

So you blew off the required class in WI many years ago and it caught up to you. You are now in a different state and that state requires a lengthier class to obtain your license. Had you done what you were supposed to do way back when, you wouldn't have this problem now. If your current state requires a longer class to get a license, you either take the class or you don't get a license. Whatever was ordered in WI isn't binding anywhere else.