Restricted License

[sayittn]

Please try and put yourself in my shoes for just a minute before judging me on what I’m having such a hard time with!

I’m a single mom with two children, one in elementary and one in middle school. My ex lives in TX and only comes to TN when I drag him to court for child support. I recently moved in with my aging parents to help them out with things they are getting too old to do, one of them the ability to drive safely. Single parenting hasn’t left me much time for friends and as I said above, I just “fired” the only ones I had, not that they would have helped me out anyway. My brother is in another country and that’s about the extent of my family.

My son in middle school has a kidney disease. He frequents physicians and the children’s hospital quite often.

I’m really not trying to give you a sob story; these are just the facts of my life.

Anyway, a restricted license would allow me to drive to and from my place of employment, to and from a court-ordered alcohol DUI program, or to and from a scheduled interlock monitoring appointment. The restrictions are the same for everyone, the man that may have been arrested before me for the same thing will face the same consequences.

This would leave me with a couple of problems. How would I get groceries to feed my kids, how would I get my son to the medical care he needs to live, and what would I tell the school nurse if they called me to come pick up my child if one should have a fever?

Taking my child to the children’s hospital and watching him suffer is not on my list of favorite things to do for fun. What would the school nurse say if I told her I cannot come to get him because if I do and get caught, I risk jail time and full suspension of my driver’s license? Can you please waive the school’s medical policy and send him home on the bus when the last bell rings?

I strongly feel a restricted driver’s license should include: to and from the nearest grocery store, to and from your children’s doctor office if there is a true medical need, and to and from your child’s school if you are called to come get him.

But, the man who may have been arrested before me for the same thing and who will have to face the same consequences may not have to pay quite the same consequences after all. He may have a friend or an able family member who will run him to the grocery store once a week so he can eat. And he may not have children that require medical attention to stay alive.

Is that fair?

[Curt581]

Just so I fully understand...

You completely agree that you broke the law and deserve to be punished... yet you feel strongly that you shouldn't be inconvenienced in any way?

You feel drunk drivers' licenses should be restricted, but they should be allowed to drive 27/7 for a wide range of activities?

<confused>

[retdetsgt]

Have you thought of contacting the judge to see if you can get a waiver to pick up your child at school?

Does your town have public transportation? Can you ride a bicycle? I know a number of people who have spent a year or two as a pedestrian, bus or bike rider because of license suspension. It's a pain, but that's the consequences.

I don't know why you're asking police if it's fair or not. We have never suspended anyone's license. We don't have the authority.

[sayittn]

I don't believe someone should be able to go clothes shopping, out to eat, work out at the gym, go on vacation, get their hair cut, etc. etc. etc.

I DO NOT believe someone should be allowed to drive 24/7 for a wide range of activities.

But I DO believe someone should be able to to go to and from the nearest grocery store, to and from their childs doctor office, and to and from their child’s school if they tell them to come get them.

And, I've given my reason way.

[sayittn]

I'm only asking your opinion.
There isn't public transportation and the closest nephrologist is 30 miles away.

[Curt581]

I can't tell you how many people I've heard complain about license suspensions and restricted privileges. You would think that every driver ever given a DUI has NO ONE that can drive them to a doctor's appt, NO ONE that could pick their child up from school, and every errand or task they have to attend to is over 100 miles away. No buses, bicycles or taxicabs exist in their world.

If it was easy, it wouldn't be much of a punishment, would it?

I don't know exactly how restricted licensing works in your state (since you didn't post it), but in mine, occupational licenses are TIME restricted. They allow time to travel to and from work, child care and religious services. If you get two hours on Sunday to go to church, no one is going to care if you leave early and make a stop at the grocery store on the way home. In other words, if you're allowed from 9am to 11am for church, we don't care if you stop on the way home... as long as you're home by 11am and not still driving around at 11:30.

I'm only asking your opinion.

If you got every cop that frequents this forum to agree with you... exactly WHAT would that get you?

[sayittn]

“NO ONE that can drive them to a doctor's appt, NO ONE that could pick their child up from school”

It gets pretty lonely at times. My home State is TX.

“every errand or task they have to attend to is over 100 miles away. No buses, bicycles or taxicabs exist in their world. “

Ok, not 30 miles, per Mapquest it’s only 20.54. I didn’t think of taxi, thank you, that would probably solve the hospital issue.

“ no one is going to care if you leave early and make a stop at the grocery store on the way home”

You are sure if I get plowed leaving the grocery parking lot and I show the officer my restricted license and he KNOWS I’m not supposed to be at the grocery store, he’s not going to care?

“ If you got every cop that frequents this forum to agree with you... exactly WHAT would that get you? “

If an officer of the law, someone who considers what is legal, just and fair on a daily basis, feels I have a decent point, it may instill the confidence for me to take the point further and see how far I can go in getting grocery store and doctors office added to the allowed places on a TN restricted drivers license.

[Samuel]

You need to talk to traffic court - whining about your situation here isn't doing anything productive, unless you're practicing your sob story...

[sayittn]

You need to talk to traffic court - whining about your situation here isn't doing anything productive, unless you're practicing your sob story...

How is traffic court going to help me on a DUI?

[ChesCopPodz]

Judges usually have a pretty wide authority on what goes into a restricted license. In VA, taking kids to doctors and to and from school were usually standard allowances on a restricted license. If they aren't in TN, ask the judge. Worst he/she can do is say no.

[sayittn]

You are right!! It's only TN! Here is VA:

A restrict license is only valid for certain explicitly specified uses. Common restrictions issued when a license is granted are:

•Driving only to and from work
•Driving only on official work business
•Driving only to and from school
•Driving only to and from medical treatment for yourself or another person, such as an elderly parent, if authorized.
•Driving to and from school, day care, or authorized medical care with a minor child
•Driving to and from authorized visitation with a minor child
•Driving to and from alcohol education & safety programs (aka Virginia Alcohol Safety Action Program - VASAP)

Here is TN:
to drive to and from person's regular place of employment, or going to and from and attending a court-ordered alcohol DUI program, or to and from school if enrolled full time in a college or university, or to a scheduled interlock monitoring appointment.

[sayittn]

judges usually have a pretty wide authority on what goes into a restricted license. In va, taking kids to doctors and to and from school were usually standard allowances on a restricted license. If they aren't in tn, ask the judge. Worst he/she can do is say no.

thank you!

[scott715us]

I'm sure that the judge will be willing to work with you on the transportation issue if it's medical related and/or simple things like food. Most of those with a restricted DL in TN are also required to have a form that outlines where they can and can't be. That way if I or my counterparts stop you and you're not near one of the listed places, we arrest. If you retained an attorney for the DUI and feel his services were adequate, then let him check on the restrictions and if the medical-related locations can be added. You need to be speaking with attorneys who deal with this every day at the courts.

[mcsap]

Be CAREFUL of any liberties you take when doing the doctor-school-work thing. I have had people do exactly this when they had weeks left on their restricted license and they got HAMMERED for violationg their restricted license AND were also charged with driving under revocation !!

[DCF]

You may well be eligible for a restricted license. The restriction would be physically attached to your license as well as entered into the computer. You would know the details of when you may and may not drive. Usually a restricted license includes a provision for an emergency, not otherwise listed. Just remember if, if stopped and you are not in compliance with your restriction, you won't, in all liklihood get a second chance. In my experience, with a good record prior to the arrest and acceptance of what you did wrong you have a good chance of getting a restricted license.

On another note, hopefully, the police don't "hate" you or dislike you because you were arrested for DUI. You made a choice they did their job, it wasn't anything personal. A sentence from the court is not only designed to punish the behavior, but hopefully motivate the person to change that particular behavior. Hopefully, with you, it's been a lesson learned.