February 20, 2018
Creditors can always open an estate after the time has passed for a spouse/other more involved party to open it. There are fees to be had for acting as attorney and administrator. You will have to look at other assets etc. and determine if it is worth your efforts. If the deceased is impoverished, then it may not be worth your time to do that work.
If someone else opens the estate, file a claim.
Client got her driver’s license back after it was revoked for 180 days due to an OWI 1st conviction (she was not eligible to receive a deferred, so she plead guilty to OWI 1st). Iowa Code section 321.210C(2) provides that client must complete a 12-month probation period. The subparagraph further provides that “[u]pon conviction of a moving traffic violation which occurs during the probation period, the department may revoke the driver’s license . . . for an additional period equal in duration to the original period of revocation, or for one year, whichever is the shorter period.”
Client recently received a speeding ticket in which she is charged to have been driving 89 mph in a 70 mph speed limit zone. Client says she was likely speeding, but claims there is no way she was going that fast.
Does anyone have any experience with Iowa Code section 321.210C(2) and how likely it is that the DOT will revoke client’s driver’s license if she is convicted of this moving traffic violation? I am debating whether to advise my client to fight the speeding ticket.
Thanks in advance for any responses.
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