Q: Does judge's sentencing including license suspension cancel ALS suspension for refusal if OVI was merged & dismissed?
My stepson was charged w/ OVI/2nd refusal & Physical Control. He received ALS suspension for refusal from 5/26/2015-5/26/2016. Judge merged and dismissed OVI and found him guilty of physical control charge. The judge suspended his license for 6 months.
A: The judge should have signed an order terminating the ALS suspension when your stepson was sentenced. Sometimes they forget this step, which is one of the many reasons it is good to have an attorney. If the BMV is still saying he has an ALS suspension, that is an error that can be fixed by the court.
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