# OUI - Hardship License - LTC



## mattaub (Nov 13, 2008)

Last night I got a OUI. It is my first one, I'm 35, 'had' a clean record, and 'had' a perfect driving record. Never even been in court. I also have my CDL class A license. I was driving a non-cdl vehicle.

QUESTION 1
I have to go to court tommorrow and I am going to plead guilty. I was wondering what my 
chances of getting a hardship license is.

QUESTION 2
I also had my FID and License to carry, since I was 18, and 21 respectively. But I let them expire. (I don't own any guns currently).
I was planning on getting my FID and License to carry, renewed. But, I would imagine this OUI conviction is going to disqualify me.

QUESTION 3
Any thoughts on what my fines could be?

Thanks,
Matt

quick edit: the cop said that I was very cooperative, and he would ad that to his report. I don't know if that will have any influence with the court.


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## RodneyFarva (Jan 18, 2007)

Ok guys... get ready... get set... GO!


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## mattaub (Nov 13, 2008)

Rutland is where I took the breathalyzer. 

Do what do you mean by your post? Am I going to get it hard from these guys with those questions?


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## kwflatbed (Dec 29, 2004)

In plain English you are FUCKED when it comes to your CDL
it does not matter if you were in a commercial vehicle or not.

you will NOT get a hardship license.


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## celticsfan (Dec 18, 2007)

Troll 0/10


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## mattaub (Nov 13, 2008)

kwflatbed said:


> In plain English you are FUCKED when it comes to your CDL
> it does not matter if you were in a commercial vehicle or not.
> 
> you will NOT get a hardship license.


By saying "I'm fucked when it comes to my CDL" dosen't give me much information.

The arresting officer explained to me that if I WAS driving a CDL vehicle, and refused a breathalyzer, and was convicted of OUI, I would automatically loose my CDL for 1 year. If I was hauling hazmat it would have been 3 years. The key here is that if i "refused the breathlyzer while driving a cdl vehicle" (I believe the 2nd OUI you loose your cdl for life).

I was not driving a CDL vehicle and accepted the breathlyzer, so I believe my license will be handled like just as if it was a class D and loose my license for 30 days.

And I have been reading up about hardship license and I believe I may be able to get one. I am not currently in a job requiring a CDL. I got out of the trucking business 10 years ago when I ran out of money.


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## mattaub (Nov 13, 2008)

Just found this info on this site:

 Provides the ability for a first offender to seek a “hardship license” from the Registrar that would allow a first offender, entering a first offender treatment program in connection with the disposition of his or her case, to operate a vehicle for a 12 hour period, seven days a week. This would allow an individual the ability to drive to work for example while accepting responsibility for his actions and receiving treatment.


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## kwflatbed (Dec 29, 2004)

mattaub said:


> Just found this info on this site:
> 
>  Provides the ability for a first offender to seek a "hardship license" from the Registrar that would allow a first offender, entering a first offender treatment program in connection with the disposition of his or her case, to operate a vehicle for a 12 hour period, seven days a week. This would allow an individual the ability to drive to work for example while accepting responsibility for his actions and receiving treatment.


This does not apply to a CDL.

You cannot operate a CDL type vehicle federal laws override the state laws. Federal law does not care what you were driving when you got
the OUI.

You may get a hardship to operate a PC but not a truck.


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## mattaub (Nov 13, 2008)

kwflatbed said:


> This does not apply to a CDL.
> 
> You cannot operate a CDL type vehicle federal laws override the state laws. Federal law does not care what you were driving when you got
> the OUI.
> ...


Oh, ok I understand what your getting. Thanks for the info.


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## TopCop24 (Jul 11, 2005)

Why do people not know the difference between LOOSE and LOSE?!?!?!?! You can not LOOSE your license...LOOSE refers to your old high school girlfriend. :hump: LOSE however means that you lost something.


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## KozmoKramer (Apr 25, 2004)

Matt - I'm curious, what was your BAC %?


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## 7costanza (Aug 29, 2006)

> LOOSE refers to your old high school girlfriend.


How do you know my high school girlfriend...


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## Nighttrain (Dec 10, 2004)

Under Federal Motor Carrier Safety Regulations it DOES NOT MATTER that you got popped in your own car. For a first conviction or refusal to be tested while operating a non-CMV(as prescribed by state law), a CDL holder must be disqualified from operating a CMV for 1 year.

There is no hardship CDL.


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## mattaub (Nov 13, 2008)

TopCop24 said:


> Why do people not know the difference between LOOSE and LOSE?!?!?!?! You can not LOOSE your license...LOOSE refers to your old high school girlfriend. :hump: LOSE however means that you lost something.


Thanks, that is a good way to remember. I'm still trying to find out what ?!?!?!?! means.



KozmoKramer said:


> Matt - I'm curious, what was your BAC %?


In about an hour and a half, drank 2 of those 24oz High Gravity beers that Budwiser makes (8.1% alcohol.) I'm 6'2" 230lbs. When he asked me to do a field sobriety test, I said I rather just blow a breathylizer because I thought I was fine. So the reading came out at .26. We were both shocked because I wasn't stumbling drunk, he just smelled alcohol on my breath.

I was arrested and taken a mile down the street to the police station. But their in house breathylizer was working, so they took me 5 min down to another police station, and I blew a .17


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## USMCTrooper (Oct 23, 2003)

mattaub said:


> I'm still trying to find out what ?!?!?!?! means.


I'm still trying to figure out why you would come to an internet forum and discuss your pending criminal matter with strangers, not all of whom are police officers and one who may be involved in your case.

If you don't have an attorney, GET ONE.

If you do have an attorney, ASK HIM THESE QUESTIONS.

The internet is a wonderful tool, but don't be naive.


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## mattaub (Nov 13, 2008)

Nighttrain said:


> Under Federal Motor Carrier Safety Regulations it DOES NOT MATTER that you got popped in your own car. For a first conviction or refusal to be tested while operating a non-CMV(as prescribed by state law), a CDL holder must be disqualified from operating a CMV for 1 year.
> 
> There is no hardship CDL.


Thanks nighttrain, I been researching it all day and now know there is no hardship cdl, I'm just going to shoot for the regular hardship license. I don't currently need my CDL, although its nice to have.



USMCTrooper said:


> I'm still trying to figure out why you would come to an internet forum and discuss your pending criminal matter with strangers, not all of whom are police officers and one who may be involved in your case.
> 
> If you don't have an attorney, GET ONE.
> 
> ...


I can help you figure it out.

I'm pleading guilty because I am. When you read my questions, you can see that I'm just asking general information, I am not asking for advice. Nor would I ask a police officer for advice because they tell me they can't give it. This is a forum; a place were people have open dialog. I came to the forum open my mind on the subject and try to "figure it out", just like you try to "figure things out".

I'm just giving you shit, I know where your coming from. Thanks for you input.


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## mattaub (Nov 13, 2008)

Wolfman said:


> Assuming for a minute this is a legit poster and not one of our many trolls, here goes a response. See where things go from here:
> 
> The court may not accept a guilty plea at arraignment, there is a very good chance the judge will go ahead and enter a not-guilty plea on your behalf until you have discussed the matter with both your own attorney and the DA's office. DO yourself a big favor and talk to an attorney. Do not try to represent yourself, for as the saying goes the man who represents himself has a fool for a client.
> Your chances of getting a hardship license? That's an answer you will find in a court, not on an internet forum. Another reason you need to consult with a proper attorney.
> ...


Wow! Thanks. I don't know what a troll is, but I will stop the thread. Thank for everyone's as well as your, time.

Tough forum though.


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## KozmoKramer (Apr 25, 2004)

Because of the antics of some really dipped dipshits, this forum doesn't always function as intended. It's cool when it does.

Matt - you fucked up. But one mistake shouldn't ruin your life and in this forum you manned up and laid it all out. Not common among AAC posters.
Be careful in the future, maximize the advice imparted and good luck.


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## RodneyFarva (Jan 18, 2007)

Great, now I feel like a total asshole, that I gave this guy shit form the beginning. And it turns out its some guy willing to take responsibly for his actions and wanting some general info on a OUI charge.


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## jettsixx (Dec 10, 2005)

Rodney I wouldnt feel too bad. I have heard of people that take responsibility for there own actions, I just thought they were like bigfoot, UFOs, or the lochness monster. You hear they exist but noone has ever seen them. I think were are lucky to be able to say we have encounted someone who we never thought existed.



7costanza said:


> How do you know my high school girlfriend...


From what I hear everyone knows you high school girlfriend.



7costanza said:


> How do you know my high school girlfriend...


From what I hear everyone knows your high school girlfriend.


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## Mikey682 (May 2, 2002)

Everything you need to know is explained on the Statutory Rights Form you signed. Other than that, check with an attorney.


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