FOR THE TOWNS OF
MILTON, HARMONY AND LIMA
FREQUENTLY ASKED QUESTIONS
Can I ask the Court to change a judgement?
Yes, you can ask the court to reopen a judgement by filing a written "Request to Reopen Judgement" (an example form is provided on the Forms page). You may want to talk with the prosecuting attorney first to see if the town will join in your request to reopen the matter (this can help make the process smoother and faster). After receiving a written request the judge may reopen your case (if the town filed a consent), schedule a hearing on your request, or deny your request. If the court reopens your case, the court will require you to pay a fee (typically $25-100, depending upon the type of case).
No, the court cannot and will not reopen the revocation of a drivers license if you did not ask for a hearing within 10 days after the police gave you a "Notice of Intent to Revoke Operating Privilege." If you refuse to submit to a alcohol blood/breath/urine test at the time of an arrest for operating a motor vehicle while under the influence (OWI), the police will give you the notice mentioned above. You have only 10 days to ask the court, in writing, for a hearing to challenge the assertion made by the police that your refused the test. The court must RECEIVE your request for a hearing within 10 days. After 10 days the court has no jurisdiction to hear your side of the story and the court is required by law to revoke your drivers license.