Can the DMV order a longer class than the court?

[gregman985]

What is the name of your state (only U.S. law)? California.

So in 2005 I was arrested for a DUI. Before I went to that court date, I was arrested again for the same offense, (which was a BS arrest, but that's a much longer, different story). BOth arrests were in the same county. When I went to court for my 2nd DUI, the court messed up and only charged me with a 1st DUI. So, I was sentenced to work release program, which I completed, and the 180 day DUI class. So I completed the class. I went to get my license back and the DMV told me that I need to complete the 18 month class. I told them that the court only sentenced me to the 180 day class which I completed. They told me that was the court's mistake and DMV requires me to take the 18 month class before I can get my license back. Can the DMV sentence me to that, even though the court only sentenced me to the 180 day class? Does the DMV have the power to over-rule a judge's sentencing?

Thanks.What is the name of your state (only U.S. law)? California.

[BL]

Originally Posted by gregman985

What is the name of your state (only U.S. law)? California.

So in 2005 I was arrested for a DUI. Before I went to that court date, I was arrested again for the same offense, (which was a BS arrest, but that's a much longer, different story). BOth arrests were in the same county. When I went to court for my 2nd DUI, the court messed up and only charged me with a 1st DUI. So, I was sentenced to work release program, which I completed, and the 180 day DUI class. So I completed the class. I went to get my license back and the DMV told me that I need to complete the 18 month class. I told them that the court only sentenced me to the 180 day class which I completed. They told me that was the court's mistake and DMV requires me to take the 18 month class before I can get my license back. Can the DMV sentence me to that, even though the court only sentenced me to the 180 day class? Does the DMV have the power to over-rule a judge's sentencing?

Thanks.What is the name of your state (only U.S. law)? California.

DMV does not sentence persons .

DMV has requirements and regulations separate than that of the court , that a person needs to comply with before licenses are reinstated .