QUESTION
Is it legal for the DMV to refuse giving me my restricted because my charges were reduced?
Asked on Jul 22nd, 2011 on Criminal Law - California
More details to this question:
I was arrested for a 2nd DUI in 10 years but I was convicted of a "Wet Reckless" I lost my CA-DMV-APS hearing. The law say's that after a 2nd DUI I can apply for a restricted license after 90 days to the DMV- when I put on an Ignition Interlock Device. Because my charges were reduced to a Wet Reckless by the court, the DMV say's I can't apply for a restricted because I was not convicted of the "greater charge". This makes no sense. Do I have to wait a year to get my restricted because my charges were found to be less?
7 ANSWERS
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:56 AM
Criminal Defense Attorney serving Stockton, CA
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Law Offices of Scott Tibbedeaux & Associates
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There is a separate suspension if you lose your DMV hearing. You must prevail at both getting the reduced DUI charge and at the DMV hearing in order to avoid license suspension.
Answered on Jul 26th, 2011 at 12:50 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No, but you'd better get a lawyer because DMV is full of shit and a lawyer can get a court order telling them to give you a regular license since your conviction was only a wet reckless.
Answered on Jul 23rd, 2011 at 8:44 AM
Yes, because you lost the DMV hearing. The 90 day restricted provision only applies to DUI convictions in court.
Answered on Jul 23rd, 2011 at 7:04 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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Your attorney would be in the best position to answer this question. However, keep in mind that what the Court does has no bearing on the DMV action. If the charges were reduced to a wet, IF you had a factual finding of innocence on the DUI charge, then the DMV may have no choice but to provide you your license back. That's only if that factual finding is a part of the court record. Otherwise, if your trying to go to the local DMV field office to get a restricted, they wont help. They usually don't know much about the "Driver Safety" branch dealings. Also, talk to your attorney about the restricted license information your getting. Generally speaking, a second DUI is NOT eligible for a restricted license to begin with.
Answered on Jul 23rd, 2011 at 6:41 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Legal?? You quoted the statute to say you have the right to APPLY for it, but it does not say you are ENTITLED to it, nor does it specifically cover other than DUI convictions. If you want to pursue this further, then you will have to file a Writ seeking a court order to compel them to issue. Your interpretation of the statute can be argued as sensible. Researching the statutes and appellate case law for the Writ may locate some precedent in your favor. There is no guarantee of success in any legal action.
Answered on Jul 23rd, 2011 at 6:12 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It's not fair, but that's the DMV's rules. If the DUI charges were dismissed when you took your plea, you can file a DS 702 and request a new APS hearing from the DMV. If you lose that hearing you can then take a writ.
Answered on Jul 23rd, 2011 at 6:11 AM