Did my lawyer blow it?

[olivelawn]

What is the name of your state?
California

Back in April, 2002, I got pulled over for DUI (I blew a .087). I hired a lawyer that specialized in DUI . He told me that "he would take care of everything."

I had my license suspended immediately after I was pulled over. I lost my case at the DMV hearing. I can't remember exactly when, but somewhere in the process I received my license back. After that I went to court (got a wet and reckless), did traffic school, paid fines, etc.

Here is where things get interesting. Fast forward to 2005. In between 2002 and 2005, I drive 2 vehicles: a van and a motorcycle and pay insurance on each. In May, 2005 I go to the DMV to get my license renewed. They tell me to go to my insurance company to get an SR-22. I have no idea what an SR-22 is but I go ahead and take care of it. This results in a new license.

I buy a brand new $25K car this week. I try to insure it and my rate triples when they look at my driving history. They tell me there is something from 2005 that is causing my rates to go up. I never got in any driving trouble in 2005 so I go to DMV to get a history printout. They tell me that from 2002-2005 my license was suspended. I had no idea. I never got pulled over or had my license run during those 3 years. So now I'm pissed because my driving history looks totally messed up despite doing everything that I thought I was supposed to. Neither the DMV or my lawyer told me that I needed to fill out an SR-22 back in 2002. When I got my license back I assumed everything was ok. I already called California DMV headquarters to see if I could fix my history, but there is nothing that person (or his supervisor) could do.

Is my lawyer at fault for not telling me that my license was suspended or that I needed to request an SR-22 from my insurance company back in 2002? He specializes in DUI cases and claimed he would "take care of everything." Do I have any legal recourse? Is there anything I can do?

 

[CdwJava]

Why was your license suspended?

On the DMV printout there will be an Authority code ... it should be a 13000 section of some kind. If you have that number I can tell you why it was suspended. It may have nothing to do directly with anything that happened in court.

- Carl

 

[moburkes]

I don't know about your lawyer, but your insurance company certainly knew that you needed an SR22, and that your license was suspended.

 

[olivelawn]

Why was your license suspended?

On the DMV printout there will be an Authority code ... it should be a 13000 section of some kind. If you have that number I can tell you why it was suspended. It may have nothing to do directly with anything that happened in court.

- Carl

My license was suspended because of the dui in 2002. It was taken away from me immediately after being pulled over. A few months later, after I lost my dmv hearing they gave me back my license back, but failed to mention to me that it was suspended so I drove around for 3 years without knowing it. The auth code listed is 133532.

 

[olivelawn]

I don't know about your lawyer, but your insurance company certainly knew that you needed an SR22, and that your license was suspended.

perhaps, but my rates never went up and pacific speciality (my insurance co) never bothered to mention anything about an SR-22 between the dates of 2002 and 2005. The first time I heard the word SR-22 was when I was getting my license "renewed" in May, 2005 and I had to call my motorcycle insurance company and request it from them. I put renewed in quotes, because my license was really suspended during that time, so I wasn't getting it renewed so much as I was getting reinstated. Make sense?

So I guess i'll get right to the point. Can I take any legal action against my lawyer or the DMV for failing to inform me about having to fill out an SR-22? It seems to me to be something my lawyer should have informed me of.

Thanks.

 

[moburkes]

I'm not sure what mistake the lawyer made. The DMV always sends a suspension notice to the address that they have on file. The court should have informed you, though, that your license was suspended.

 

[CdwJava]

My license was suspended because of the dui in 2002. It was taken away from me immediately after being pulled over. A few months later, after I lost my dmv hearing they gave me back my license back, but failed to mention to me that it was suspended so I drove around for 3 years without knowing it. The auth code listed is 133532.

Here is the authority:

13353.2. (a) The department shall immediately suspend the privilege
of any person to operate a motor vehicle for any one of the
following reasons:
(1) The person was driving a motor vehicle when the person had
0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.

What is possible is that you received your license back after the DMV hearing, but lost it after trial. You should have been notified, but if you moved ...

After the authority section, there should be a service order - a letter code. What is that letter code?

- Carl

 

[olivelawn]

I'm not sure what mistake the lawyer made. The DMV always sends a suspension notice to the address that they have on file. The court should have informed you, though, that your license was suspended.

Thats what they told me when I called the Sacramento DMV office as well. They told me they sent me a letter. Mail delivery is so bad in San Francisco. I can say with 100% certainty that I never received that notificiation. I scrutinize my mail for stuff like that, and i'm sure I was especially diligent about checking for anything from the DMV around that time. Are they supposed to send something like that regisitered mail?

 

[moburkes]

Thats what they told me when I called the Sacramento DMV office as well. They told me they sent me a letter. Mail delivery is so bad in San Francisco. I can say with 100% certainty that I never received that notificiation. I scrutinize my mail for stuff like that, and i'm sure I was especially diligent about checking for anything from the DMV around that time. Are they supposed to send something like that regisitered mail?

Nope. Not at all.

 

[CdwJava]

As moburkes indicated, they do not have to send it registered mail. However, without definitive proof of service or an admission of knowledge of the suspension, many courts in CA will not prosecute for the suspension violation. This might be reduced to unlicensed driving and treated as a "fix it" ticket.

Talk to the DMV and see what you have to do to get the license reinstated. If you go into court with a valid license, it might help.

- Carl

 

[olivelawn]

I currently have a valid license, and have had a valid license since 5/2005. My big concern is that my DMV driving history looks terrible and is increasing my rates since it looks like my license was suspended for 3 years!

I almost wish I was pulled over between 2002-2005 so I would have known I was driving with a suspended license and got it taken care of then!