Critical need license ??

[shadybab]

What is the name of your state?CA
What is it? How do I get it?

[Zephyr]

I am not sure exactly what that is but I am sure you would have to apply for it, probably if you provided a little more info you would be able to get better advice

[BL]

Originally Posted by shadybab

What is the name of your state?CA
What is it? How do I get it?

You are posting muliple threads on the same subject , simply go to your thread and click reply ..

Why not call DMV and ask ?

[HomeGuru]

You already have a license. It's called a license to think. Use it.

[shadybab]

Man I thought the state laws sucked, but you guys are *******s.

[CdwJava]

Originally Posted by shadybab

What is the name of your state?CA
What is it? How do I get it?

From the DMV's website at [url]www.dmv.ca.gov[/url] :

Can I get a restricted license?

Restricted License

A restricted license (only for first offense of 0.08% or more BAC) can be issued following a 30-day suspension if a chemical test was taken and you were at least 21 years of age when the offense occurred.

You may obtain a:
Restricted license for driving to and from a state licensed DUI program
Five-month restricted license to operate to and from work and driving during the course of employment and to and from the activities of a licensed DUI program if you:
- submit evidence of enrollment in a DUI program.
- file proof of insurance (SR 22) and maintain it for three years.
- pay all applicable fees.
If you enroll and fail to participate or you do not complete the licensed DUI program, DMV will immediately revoke your restricted license and reimpose the suspension. It will run for the remainder of your original suspension.

And,

Controlled Substances or Alcohol-Related Offense


13202.5. (a) For each conviction of a person for any offense specified in subdivision (d), committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person's driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for any offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.

As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section 13105.

(b) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver's licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit certified abstract of the conviction, together with any driver's licenses surrendered, to the department.

(c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive.

(2) As used in this section, "critical need to drive" means the circumstances which are required to be shown for the issuance of a junior permit pursuant to Section 12513.

(3) The restriction shall remain in effect for the balance of the period of suspension or restriction in this section. The court shall notify the department of any modification within 10 days of the order of modification.

(d) This section applies to violations involving controlled substances or alcohol contained in the following provisions:

(1) Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the Business and Professions Code.

(2) Division 10 (commencing with Section 11000) of the Health and Safety Code.

(3) Section 191.5, paragraph (3) of subdivision (c) of Section 192, subdivision (c) or (d) of Section 192.5, and subdivision (f) of Section 647 of the Penal Code.

(4) Section 23103 when subject to Section 23103.5, Section 23140, and Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of this code.

(e) Suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of any violation specified in subdivision (d).



- Carl

[HomeGuru]

Originally Posted by shadybab

Man I thought the state laws sucked, but you guys are *******s.

**A: you'll find out what truly sucks when you have to walk and bum rides.

[undecided2776]

Originally Posted by CdwJava

From the DMV's

However, if there is no further conviction for any offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.

As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section 13105.

(b) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver's licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit certified abstract of the conviction, together with any driver's licenses surrendered, to the department.

(c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive.

- Carl

I don't understand the however if there is no further conviction. I was never actually convicted because the jduge dismissed my 23140. Does that mean the dmv must dismiss the charge too?

[CdwJava]

Originally Posted by undecided2776

I don't understand the however if there is no further conviction. I was never actually convicted because the jduge dismissed my 23140. Does that mean the dmv must dismiss the charge too?

No. The DMV is seperate from the courts and is free to act on its own. Courts might drop the charge for a number of reasons - this does not mean that the DMV will automatically drop the matter.

Call the DMV. It may be a matter of scheduling a new hearing.

- Carl

[undecided2776]

Thats what I have been hearing lately. Any specific division of DMV do you suggest?

[CdwJava]

Originally Posted by undecided2776

Thats what I have been hearing lately. Any specific division of DMV do you suggest?

Go to:

[url]www.dmv.ca.gov[/url]

and look up the various phone numbers. There are also a lot of FAQs and information there.

- Carl