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Got 6 month restricted license in November 2010 from DMV for DUI arrest. Planned on fighting charge, changed mind and took plea bargain in March 2011. The Court handed me ANOTHER 6 month suspension which started in March. My attorney said there was a mistake and went to Vista to get a copy of the docket with the nunc pro tunc order on it but he didnt see it on the document. Assuming oversight, he asked the Judge, who responded "We don't Nunc Pro Tunc in Vista" and that its a "new policy" circa 2011. He tells me nunc pro tunc is automatic, despite the refusal of the court to oblige us "in writing" and that if pulled over, simply show a copy of his email and my original suspension paperwork and I shouldn't have any problems. Does this seem legit or made-up to cover his mistake? Advice?
Your case reflects the inexplicable result of California Vehicle Code 13352, which applies in this situation. I assume...
1.. Can i get enrolled in the First Conviction Program right away? If so what do i need to do 2. A bunch of attorney are telling me i have to pay to subpoena the officer to the DMV hearing. How much to have the officer testify at the DMV hearing? 3. What exactly is an SR22? Should i tell my insurance company?
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have,...
In January 2005 I got a DUI at the age of 17. In September of 2011 was arrested for DUI. I hired an attorney and in January of 2012 was charged to count one of VC 23152 (a); the rest of the charges were dismissed. I was ordered to complete the first conviction program -Alcohol education, pay court fines and remain on summary probation for 5 years. By the end of 2012 I had completed everything I was ordered to. My 2 year suspension was up Jan of this year and in preparing for what I need to do to get my license back, I read a dmv notice stating I would need completion of a court-specified 18-month or 30-month alcohol education program. My question is, if I was court ordered to the first offenders program (3 month), will the 18 month apply to me? I want to get my license back!!
You should refer this question to your lawyer, they know the details of your case which you may have not included in...
I was convicted of 23152(b) 10/17/13, and was given the 9 month DUIP due to BAC, and license suspended for 10 months first offence. I have a restricted license for Work and DUI related activities/requirements. I finish the DUI Program in June. I've maintained an SR-22 and valid car insurance. Haven't drank since the arrest. Is there a way to end the suspension early? Maybe I'm thinking too far fetched, but petition the DMV as one would do to end probation early?? If I'm able to it would be the safety office correct? Thank you.
Unfortunately no. The restriction term us not reducable like a probation term in court
I was arrested, and convicted of DUI through both the court, and DMV. I did refuse during my arrest. I thought with the refusal, there was no option for a early restricted license previously. Does this also apply to the new SB 598 law with the install of an IID? I got a letter from the DMV saying I can have a restricted license with an SR22, my DUI classes taken, and the install of an IID. I called the DMV. Once they said I can, the second time I called to be sure they said I cannot because of the refusal. I cannot get a direct answer from them. I have written down the names and times of who I talk to. I just do not want to pay for and install an IID on my car, and then not get the restricted driving license. Any help on direction I should turn when I am getting different answers
You have a one year suspension for the refusal.
I was arrested for a 2nd DUI on 4/10/13 a 3rd on 10/23/13 and a 4th on 11/12/13. I completed 80 days inpatient alcohol rehab in a state accredited facility. Now I have been sentenced to 240 days in sober living due to the fact that I live out of the state. Since California jails are overcrowded, most inmates are serving 10% to 20% of their sentence. 20% of 240 days would be 48 days in custody. Since I have already completed 80 days of in custody rehab, shouldn't I have that credited as time served and therefore not have to do sober living? I have also completed a 4 wk Intensive Outpatient Therapy program (also state approved) and stayed sober with AA attendance cards since entering rehab. I also have numerous letters from the rehab staff and co-coordinators stating my progress.
Rehab is only credited if agreed to by judge or DA. If you went in prior to any plea agreement, they don't have to...
I had just got off work (brewery) I had an 8 oz glass of beer an hour before work ended and went to my car and had a crushed windshield. I was alone in parking lot in a very dark and secluded area and thought it best to just try and drive home. My bad judgement was not driving under the influence but driving with s broken windshield. I came upon a check point and upon entering hit a cone because there were three lanes merging and I could properly see out my window. The officers found two month old coors light cans. I was arrested. I was not breathalyzed, not did they take blood. many saw when I left work I was sober, even officers commented. "We can let this one go" I was also not read my rights. Do I have any chance of getting rid of this?
You may have have a defensible case that can be handled prefile, or before the DA has actually issued any charges. A...