by bocley » Sun Jun 24, 2012 6:01 am
I was convicted in 2003 for my 4th lifetime DWI. This past week I was denied my license again. This time becasue while my history show a alcohol problem that is what I focused my appeal on. I had a good review from the Drug and Alcohol assement counselor, 6 good letters from Law abiding Christians, and a drug anaylis test neg. The hearing officer hung his hat on the fact that I did not prove that I did not smoke pot anymore and the letters only indicated that I was alcohol free for 14 months. While my record show that I have had no drug offences, no positive drug tests, this is what he denied me for. I indicated that yes in my life time I did experiement with pot when he asked me how long it had been I could not even give a clear reply because it had been so long...I said decades...he then asked me if I could give him a time frame, I chuckled and said I was a teenager once, and a adolecent, he again asked me to give him a time frame, I again said I don't know decades and then said well lets go back a decade, 10 years. His discission was based on my letters did not support my drug use. What drug use! I am not a drug user nor ever been an avid pot smoker or neither do I advocate it. But that was his ruling. Feels like a trap question. I would like to appeal this, First I do know some of the process of my Circut Court appeal. I need to file an appeal in 20 days. My question is at this hearing will I get to bring forth more evidence to support my long time absinence from using Pot? or will I just get to use what what used in the inital Drivers Appeal Hearing? I indecated in the hearing I was confused by the question. And even asked him at the end of the hearing to please repeat the question of Drug use and illict drugs again this question was initally asked near the begining of the hearing. The Drug counslor who evaluated me asked the same question but I was focused more on the illict drugs becaseu I asked him what is a illict drug he said PCP herion etc. I said hevens no! and we moved on from that question. So hearing officer claimed that his evaluation was totally inacurate. Do i have a chance in Circut Court. Also I believe this Officer was bias because he was the same officer who denied me back in 2009 on a dirty 0,05 breathalyzer. I would have to call this a bias Officer. Only reply with serious and detailed answers please.