Q: MVA charging me w/ accumulation of points 5 years after Circuit Court DWI conviction
Convicted of DWI on 02/02/2012 (MVA notified on 12/08/2017 and given 12 points). Did have 1 point added in 2013 for speeding. When the 12 points were added in 2017 from the 2011 offense and 2012 conviction, notice of revocation of license issued by MVA. Going to administrative hearing but is there any statute of limitations on this?
A: What is the reason for the delay in the notification of the DUI conviction? Ordinarily, upon conviction, the MVA is notified and the points go on fairly quickly, within days or weeks. I have had clients who were charged in one year, but failed to appear on the charges and they remained outstanding with open warrants for ten years, then they were finally caught (or came back to deal with them) and upon conviction, ended up having the points assessed retroactively to the date of the offense (even though the conviction happened 10 years later). The MVA is allowed in those circumstances to issue a suspension/revocation for both the conviction and point accumulation despite the fact that the offense was 10 years ago, but based on the recent conviction. What you describe is different, however. Are you saying DUI conviction was in 2012? Nothing new happened in court in 2017? The MVA can only impose points dating from the date of the offense (not date of conviction or date they were notified), so any points imposed as a result of an offense in 2011 would not appear as active points on your current license, but as points that expired (designated with an asterisk) two years after the date of the offense. If you have current points on your driver's license, then they are not related to the 2012 conviction. If you originally received a PBJ on the DUI in 2012, and were placed on probation, and later violated probation and the court struck the PBJ and entered the conviction in 2017, that would explain the situation, but this is just speculation. I suggest you obtain a complete copy of your driving record (together with any "pbj" record) and take it to a lawyer to review.
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