Extreme punishment for DUI/DWI over 10 years ago.
woman 3 DUI/DWIs last one in 1992. A new law commited her to be a Habitual Offender in 1992, the State of VA sent her a letter in the mail. She receieved no court date to defend herself as a HO. Served probation with a alcohol blow machine and restricted licence for more than 5 years. Fast forward to July 2005. Petitioned the courts for her full licence, was told she would have to drive on a restricted one without a blow machine and to appear in court one year later. Over 10 years no trouble at all. State of VA called her in Feb 2006 and they drug tested her. It was positive for marijuana, she admitted to smoking on Dec 31-Jan 1 2006. St of VA said there was too much in her system for that to be true. However, the fact of evidence that THC stays in fatty cells could be the factor, she is heavy set. VA state is threatening to not give her full licence. My questions are would any of these be helpful for her 1. 8th amendment right Cruel and unusual punishment 2. 14th Amendment right Due Process Clause. How can a state drug test you if you weren't convicted of drug related charges? How can an American be convicted without a day in court? If you have any ideas/thoughts that may be helpful and appreciated.
1 Answer from Attorneys
Re: Extreme punishment for DUI/DWI over 10 years ago.
Answers to questions #1 and #2: No and no.
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