I recieved a dui in 2004, first off is there a better portion of this site to seek help? Ok im in erie county, 2 years after the dui and the suspension of my pistol permit i went through the channels needed to have it reinstated. I went before a judge how simply told me no and "would you like me to process this as if you never tried? or would you like to go further?" I did ask him if it meant i couldnt attempt again and he said that i could.. SO i told him make it as if i wasnt here of coarse. So anyway has anyone gone through this and have you gotten a lawyer in my area to help you? I would like to seek legal advice to get my pistol permit back. thank you all Luvsguns00
An attorney isn't going to make a difference just because you have an attorney.
Your lawyer still needs some material to work with.
So imagine I'm your attorney. I need something to give the judge to change the previous outcome.
Let's see...ummmm..."Your honor, my client hasn't been caught drinking and driving since 2004!"
Probably not going to work.
I'm thinking I need to put enough in the record so that if the judge doesn't issue the permit, at least I have some argument on appeal.
I need something of substance from you that addresses the judge's concerns when he denied the earlier application.
How about "Your Honor, my client has successfully completed an addiction program and hasn't improperly used alcohol since (fill in the date you completed the program.) He has learned and matured from his past mistake.
Back when he was drinking and driving all over town he didn't have much of a commitment to his community. Now he is (list of activities that show you are an upright citizen).
This isn't the same person who stood before you 6 years ago. His application should be viewed as his now, not as he was then, because of the significant life changes he undertook to improve himself.
To be sure, your honor, there are things that once committed will by law preclude a person from obtaining a pistol permit. But my client's indiscretion is not one of those things. It is a merely a factor to be considered by the court.
And it has become an insignificant factor by my client's affirmative action to change his life. He didn't merely sit around waiting for the passage of time and hoping time would heal the self inflicted wound. Rather, he took responsibility and action to correct those things that needed to be corrected in his life."
So can you give your lawyer the substance he needs to help you get a permit, or will all he have is "Well your honor, he hasn't been caught drinking and driving for the past 6 years"?