QUESTION

Does my suspension get reduced if the DUI charge is dropped to a wet reckless?

Asked on Jul 25th, 2011 on Criminal Law - California
More details to this question:
I had lost my dmv hearing for my DUI charge so they had a mandatory 30 day suspension but my court case was dropped down to a wet reckless with a court appointed wet reckless driving class. I enrolled in the class and filed an sr22. When I went to the DMV they said I cannot get a restricted license because my wet reckless enrollment wasnt on file and my wet reckless class cannot file it until I have completed the class. My driving class said that once I complete the class I can get my full driving privileges back but the DMV says I cannot, because I have a four month suspension. Doesnt that four month suspension get taken off once the charge is reduced to a wet reckless?
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8 ANSWERS

Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:43 AM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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The DMV makes their own independent decision. They are not controlled by the court resolution. The only hope was to either win your hearing at DMV or get the case dismissed.
Answered on Jul 27th, 2011 at 1:39 PM

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No, you still have a four month suspension; you avoid an additional six month suspension. You can apply for a restricted license after one month.
Answered on Jul 27th, 2011 at 9:48 AM

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The court reduction to a wet doesn't do anything for you at the DMV. If you lose the DMV hearing (which it sounds like you did), they will suspend your license regardless of what happens in court. And, you need to do the AB-541 program, or else the DMV will never re-issue your license. Remember, the court case and the DMV case are completely separate!
Answered on Jul 27th, 2011 at 8:31 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Not automatically. You need to submit a DS 702 to the DMV Mandatory Actions Unit in Sacramento showing that the DUI charges were dismissed. This will trigger a second DMV hearing where you can try to beat them again. If you obtained a plea pursuant to Helmandollar v DMV, 7 Cal.App.4th 52, you need to submit the DS 702 showing that there was a not guilty on the .08 or above charge. A Helmandollar plea involves negotiating a plea to wet reckless or something else and rather than dismissing the .08 or above count, there is a mini-bench trial wherein the DA doesn't present any evidence and after they rest, the defense makes a PC 1118.1 motion and the defendant is acquitted of the charges. You then take the not guilty finding to the DMV and the suspension is set aside. 73 Be aware that the DMV sometimes requires completion of the AB 541 class to get your license back (that is on the waiver forms in Los Angeles County).
Answered on Jul 27th, 2011 at 8:27 AM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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The suspension is from the DMV not the courts. It is often the case that the DMV imposes the suspension and the court reduces the charge but you have to serve the full suspension anyway. This is because the DMV and the courts move separately. You should have asked for a hearing on the suspension from the DMV. That way there was at least a chance you could convince the hearing officer not to suspend your license. Now you are stuck with the four month suspension (BTW, there was never a "30 day" suspension, just 30 days in which you could not even get a restricted license). Once you have enrolled in the wet reckless classes, bring the minute order from the court and proof of enrollment to the DMV and they should give you restricted license.
Answered on Jul 27th, 2011 at 6:54 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Does my suspension get reduced?? No. Nothing is automatic. DMV has told you what their position is. If you want to contest their decision, you will have to file an appeal, and/or go to court by filing for a Writ.
Answered on Jul 26th, 2011 at 2:25 PM

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Criminal Defense Attorney serving Tustin, CA
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Unfortunately not. The DMV and the DUI work independently of each other. If you lost the DMV hearing then you will need to serve the DMV suspension even if you had your DUI reduced to a wet reckless.
Answered on Jul 26th, 2011 at 1:31 PM

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