QUESTION

How can the DMV impose a penalty above and beyond what the Superior Court has determined?

Asked on Apr 05th, 2015 on DUI/DWI - California
More details to this question:
My DUI was reduced to a Wet Reckless with the penalty being a 12 hour program which I enrolled in the very next day. I went to the DMV two days later to get my license reinstated, having fulfilled all my obligations of getting the SR 22, paying $125 and enrolled in a program. They said I had to be enrolled in the 3 month program. I stated that I am enrolled in a program as required by my probation agreement. The DMV will not accept the 12 hour program and stated that I have to do a 3 month program in order to get restricted license. Can they do this?
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Unfortunately, they can. The court system and DMV are, for lack of a better phrase, 2 separate entities with their own rules and regulations. What happens in court has very little effect on DMV and vice versa.
Answered on Apr 14th, 2015 at 12:55 AM

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DMV is civil, court is criminal. They operate separately, and have different requirements. You won't get your license back unless you do the program that the DMV requests.
Answered on Apr 07th, 2015 at 3:05 PM

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