License suspension reinstated after driver fails to plead guilty to DUI, per settlement agreement

Topic: DUI, Decided by: Judge Walker 
Docket Number: 2313601 , Decision Date: December 1, 2023 
Attachment: Click here to download the decision. 

In this case, a driver arrested for DUI initially avoided an administrative suspension of his license by signing an agreement with the arresting officer.  The officer had consented to withdraw the report that triggered the suspension, and in return the driver had agreed to plead guilty to the underlying criminal DUI charge.  Months later, the arresting officer asked the Court to reinstate the license suspension because the driver had not pled guilty to DUI as agreed.  That motion was granted, and the Court ordered the suspension reinstated.  The driver subsequently moved to vacate the reinstated suspension, but the Court denied the request.  Apart from finding the motion untimely, the Court rejected the driver’s assertions that he had entered into the agreement due to improper and ineffective assistance of counsel. 

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