Type of Case: DMV Driver’s License Restoration Hearing

Result: License Reinstated

Attorney: Clarke Dummit

Dummit Fradin senior attorney Clarke Dummit represented a client on a driver’s license restoration hearing at the DMV. Our client had his driver’s license revoked for many years because of over 8 DWIs. Last year he had a DMV hearing for which he hired a different attorney to represent him. But, after losing that hearing without knowing why (and having to wait a year for another hearing), he hired Clarke Dummit to handle it this time.

Alcohol assessment required for driver's license restoration hearing

A Team Effort

At Dummit Fradin, we have a designated team that works together on these types of cases. Two highly experienced paralegals form part of the DMV Hearings Team. They put together all the required State and Local courthouse searches and FBI background checks. In the end, they had compiled a well-organized set of documents to submit for the second stage hearing.

The Required Alcohol Assessment

Before getting a hearing at the DMV, the client is required to get a new alcohol assessment from a local counseling agency. The assessment is a simple in-person interview with a licensed alcohol counselor. The agency then mails the assessment directly to the DMV Hearing Officer. We typically recommend that our clients use Twin City Counseling. This agency has been in business for over 20 years and does top-notch work. In this case, the client lived in High Point and couldn’t get to Winston-Salem, so he opted to use a local High Point counselor. This would end up being a key factor in our defense strategy.

Presenting Evidence at the Hearing

At the driver’s license restoration hearing, Clarke Dummit presented evidence from three witnesses. The hearing appeared to be going smoothly. As the final witness, the Hearing Officer was cross-examining our client. The Hearing Officer pulled out a secret letter and began to ask the client about multiple alcohol relapses he had experienced in 2015. Clarke Dummit was shocked as this contradicted all the evidence he had been presenting. The client denied it, but the Hearing Officer was insistent that he knew this to be true.

Eventually, Clarke laid eyes on the paper the Hearing Officer was reading from and it was the assessment from the alcohol counselor. He asked the client to explain, and he testified that the counselor had met him at a Mcdonald’s in High Point. Again, this was not the counselor we had recommended to our client. He went on to say that the counselor had asked him some questions but had not taken any notes. The client had never told him about any relapse.

A Reputable Alcohol Assessment Agency is Crucial

Fortunately, we had evidence to prove our client had been in prison the entire year of 2015. So, the counselor had clearly left the concerning paragraph in the word processor from a previous client’s assessment. When Clarke read the document, it was evident that this was not about our client but had been left in the report from another client by the sloppy alcohol assessment agency.

Clarke Dummit moved to adjourn the hearing and have the counselor come in and testify. Clarke showed the Hearing Officer where we had provided criminal records which confirmed that this was impossible. The Hearing Officer eventually relented to the logic, and Dummit Fradin won the hearing for a very happy client.

Contact a Driver’s License Restoration Hearing Attorney Today

Not only is it important to hire an experienced DMV attorney for these hearings but to follow their advice and go to a reputable alcohol assessment agency. Just as there are sloppy attorneys, there are sloppy counselors. If you are facing any type of DMV Hearing such as an Interlock Violation, Conditional License Restoration after Driving While License Revoked, or you are simply trying to get a limited driving privilege, come in and speak with an experienced attorney at Dummit Fradin. It could make all the difference in the world.