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Please Mr. Government Man, Just Answer My Question!

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Published: 16Jan2010
Word count: 774
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Not that I don't simply adore members of my profession. I just wish they would pay attention to the trouble they cause to ordinary folks when they run their mouths and don't know what they're saying.Our local prosecutor, who I actually consider a friend doesn't usually honk me off like this. In fact, as public officials go, and there are times I'd like to give them suggestions as to where they can ALL go, he is one of the honorable ones. This is to say he can usually be counted on to keep his word.

He didn't start this problem. A judge in another county told my client that he was entitled to get his driver's license back, but that he had filed his request in the wrong court. My client came back to our hometown and asked our prosecutor if he agreed that he should have his license back. "Sure, Arnie, I think you deserve your driver's license, just ask the court."

Arnie came straight to my office. Unlike the judge who wanted to sound like a good guy, and the prosecutor, who liked Arnie and didn't want to give him bad news, I actually felt obliged to do some research before rendering an opinion. I'm like that when I'm going to demand a lot of money. I think folks should know how likely it is that I can help them, how much it could cost, and how long it might take.

The statute said that a fellow who did what Arnie had done (twice, and in different counties) isn't entitled to a driver's license, hardship or otherwise, under any condition, for the rest of his natural days. There is a procedure we can possibly do that can get these no-nos forgiven, but the procedure will take some time, and will require cooperation from the prosecutor's office. I told Arnie where he stood, and that I would have to talk it over with Mr. L.

I called. "Would you like to leave a message on his voice mail?"

"Sure, Tom, Would you call me about Arnie?"

Arnie comes to my office. "Have you heard from Mr. L?"

"No, but I'll try him again,"

"Would you like to leave a message on his voice mail?"

"Sure, Tom, can you call me about Arnie?"

2 more days go by. Arnie shows up in my office. "have you heard from Mr. L?"

You know the rest. Multiply what I have previously written by about 10, and you get an idea what I am facing. Finally, I wrote to Tom, who hasn't written back. I called him again, I left another message. I told Arnie to pay him another person to person visit. He did. Tom says, "Arnie, I don't have any problem with you having a driver's license, if you qualify."

I had run into Tom after another case several weeks ago. I told him about the statute, Arnie's lack of qualifications, and what we could do about it. "I'll look at his file and get back to you," says Tom.

"I talked to Tom, and he told me he would look at your file and see if he would agree with this no-no removing procedure we could use."

"Can't you just let the judge decide?"

I could, but I know exactly what he will decide if I don't get cooperation from the prosecutor's office. After all, Arnie's original conviction was valid, and the court won't tell the prosecutor he lost the case all those years ago unless the prosecutor agrees that under the circumstances, he would accept a loss. I'm not saying this never happens. In fact, it happens more than you might think. I'm just saying that the chances of it happening are slim to none if the prosecutor doesn't agree.

The original judge could have saved us all a lot of hassle if he hadn't told Arnie that he was entitled to a license if he asked the court in his own county. Mr. L. could have answered the question with a legitimate answer like, "I don't know, maybe you should ask an attorney." When Arnie asked an attorney, and, (blush blush) I will say one of the best ones, Mr. L. could have looked at Arnie's file and told me if he would play along or not. Instead, I had to tell Arnie again, "To get you a license will cost a lot of money, take a lot of time, and will depend on whether the prosecutor will agree. I'll call him again."

"May I please talk to Tom?"

"He's not here, would you like to leave a message on his voice mail?"

Lucille Uttermohlen has a bad attitude towards government. Despite that, she has a good personality, and writes brilliantly about the law, and its less savory asects, as well as family law advice at http://www.couple-or-not.com If you have a question about law, write to Lucille@couple-or-not.com for a quick but thorough answer.

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