Wheels of Justice

How can I repair my MVR

Question:
My boss just pulled my MVR, and it showed a traffic violation that was not mine. How can I get that conviction off my record?

Answer:
I looked at the type of calls we get each week to see just how often this type of MVR problem occurs and was amazed to find that almost 20% of my law business comes from mistakes and errors on MVRs. The errors are committed in the court system by the judge or his secretary, the court clerk’s office, the DMV in the state where the violation occurred or the DMV in the driver’s CDL home state.
     It is not that the people working in the system want to hurt the driver, but people do make mistakes. The judge may check the wrong box when sending in the result of a case, marking it a guilty verdict as opposed to the actual not-guilty or amended verdict. The clerk may fail to make the changes to the amended charge and send the original charge to the DMV. The DMV may notify the CDL home state that the wrong person received a conviction. The home state DMV may not have the same charge available to them as the conviction state DMV has, which makes them guess what the charge would be in the driver’s home state.
     We do what we call an MVR Review in my office. That means that we get a driver’s MVR and review it to see if there are any convictions on there that can be removed or modified. We charge $100 for an MVR Review. That $100 is a non-refundable fee, but if we’re able to reopen any case on the MVR, then we apply that $100 toward that reopening fee so it is not lost. We have been able to reopen the majority of cases that are within the last year.
     To get the case back in front of a judge, we file a “Motion to Reopen” the original case with the court. The judge will either grant or deny the motion to reopen based upon the facts of that particular case. When he grants the motion, then he sets a date for the case to be heard. On the appointed date, we defend the driver on the original charge. This whole matter can take weeks or months to accomplish. 
     I often have drivers ask how to obtain a copy of their MVR, “DAC Report”, criminal record information and other information that potential employers will see. You can order your information online at DOTJobHistory.com.                DOTJobHistory also has tools that allow you to correct inaccuracies, add supporting documents and use the information to find a job. Even if you’re not seeking employment, it’s a good idea to know and correct any inaccurate information before you need it.
     Your CDL license is your meal ticket.  Lose it and you lose your job. Don’t wait on a problem; be proactive and fix the problem before it costs you lots of money or your job.