CA - Revoked after Suspension notice

[ten30six]

What is the name of your state? California

At the end of December 2006 I was pulled over and arrested for a DUI. I blew a 0.07 but under the age of 21. I scheduled a DMV hearing and shortly received a notice in the mail that my license was officially suspended for a period of 1 year from February 07 - February 08 and can get my license reinstated February 08. Due to shady circumstances from my arrest, my lawyer dragged my case on for a period of 8 months till I was burnt out enough to just give up and plead guilty. I did so and was convicted on August 16, 2007. Today, I received in the mail a letter stating my license has been revoked from August 16 2007 and may not be reinstated before August 16 2008.

After serving a little over 6 months of my official suspension period, which I was told and confirmed by the DMV, I was given a NEW revocation period.

So far, I've been placed on Probation, did some Jail Time, pay thousands of dollars from my pocket between lawyer fees and court fines, and served over 50% of my license suspension period. I was also told this week by my probation officer that I can have my license reinstated in February of 2008.

It also mentions I have 94 days to seek review of this action in court. I think this will be appropriate.

With this all said, my questions are: Could this possibly be an administrative or common mistake? Should I have my lawyer present during court? Does the traffic court judge have the authority to overrule OR set back revocation period from the original suspension start date (Feb 08).

I greatly appreciate any advice.

[JETX]

Originally Posted by ten30six

After serving a little over 6 months of my official suspension period, which I was told and confirmed by the DMV, I was given a NEW revocation period.

Not true. These are TWO separate suspensions. The first was an administrative suspension due to largely to your underage DUI.

The current suspension is statutory.... based on the date of the conviction.


VEHICLE CODE
Suspension or Revocation for DUI or Speed Contest
13352. (a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153 or subdivision (a) of Section 23109. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified below shall apply to the noncommercial driving privilege.

Could this possibly be an administrative or common mistake?

Of course it could.... but unlikely.

Should I have my lawyer present during court?

Absolutely. There are potential large downsides to NOT having legal counsel in a legal proceeding.

Does the traffic court judge have the authority to overrule OR set back revocation period from the original suspension start date (Feb 08).

No.... but the law does.

[ten30six]

I have never heard of this from anybody who has received a DUI. They are usually given the suspension period and it stays. This is ridiculous that its delayed and extended even longer!

What do you mean by the traffic court does not have the authority, but the law does? From my understanding, if something is not how it should be, the traffic court has that authority to make changes, if necessary.

[Zigner]

Originally Posted by ten30six

I have never heard of this from anybody who has received a DUI. They are usually given the suspension period and it stays. This is ridiculous that its delayed and extended even longer!

It's not delayed and extended even longer. It would be entirely possible for this to have been 2 full years. OP is lucky it's only 18 months.

[ten30six]

From the DMV website:

How long will I be suspended for a DUI?
Well, because you are under 21 and if you took the PAS (or other chemical) test and the results showed .01% BAC or more, your driving privilege will be suspended for 1 year.

Being that only a 1 year loss of driving privilege is required, is it possible that this revocation can be limited or credited for the suspension time period already served? I tried checking the DMV site for this information but without any results.

[JETX]

You are failing to understand...
DUI has TWO separate 'suspensions'.

The first happens when you were arrested:
"When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension".
This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test.

This is referred to as an administrative suspension (or sometimes "administrative per se" or "APS" suspension).

The second 'suspension' is due to your CONVICTION as provided by the statute in my previous post.