No restricted license???

[forwhatisworth]

What is the name of your state? California

It was my first offence and we are in pretrails right now but the DMV already gave their verdict to suspense my DL for 4 months. My lawyer said I can't get a restricted license for driving to and from work because it would show that I'm stating I'm guilty. But I need to drive to and from work in order to have an income!! I don't think this sounds right! What does one do when they have to live a life in order to survive??
This whole experience has been a nightmare!

Some insight would be appreciated!

Thank you!What is the name of your state?What is the name of your state?What is the name of your state?

[magic55]

Hmmmmm. Ohhh. They dont drive drunk. Many people arent as lucky as to survive that experience. I dont California law so I stick by your lawyer. You broke the law, thank god you were cuaght, now you must deal with the consequences.

[forwhatisworth]

Hmm! You don't even know the situation so don't be jumping to conclusions and state I broke the law. I broke no law!!! I had bastered cops take advantage of my innocence by pinning a drunk charge when I wasn't DRUNK!!! I'm a law abiding citizen and have never done anything unlawful!! Bite Your TONGUE!!

[CdwJava]

Originally Posted by forwhatisworth

Hmm! You don't even know the situation so don't be jumping to conclusions and state I broke the law. I broke no law!!! I had bastered cops take advantage of my innocence by pinning a drunk charge when I wasn't DRUNK!!! I'm a law abiding citizen and have never done anything unlawful!! Bite Your TONGUE!!

What was your BAC?

If the DMV suspended your license on an Admin per Se suspension, they believe that the chemical test HAS or WILL show that you had a BAC of .08+. How is that taking advantage of you?

Here is the applicable section for a restricted license as a result of DUI:

13352.4. (a) Except as provided in subdivision (h), the department
shall issue a restricted driver's license to a person whose driver's
license was suspended under paragraph (1) of subdivision (a) of
Section 13352, if the person meets all of the following requirements:

(1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
(2) Submits proof of financial responsibility, as defined in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later, and may include credit for any suspension period
served under subdivision (c) of Section 13353.3.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352, or until the
date all reinstatement requirements described in Section 13352 have
been met, whichever date is later.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under paragraph (1) of
subdivision (a) of Section 13352 is not eligible for the restricted
driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.


- Carl

[forwhatisworth]

The BAC was .15 so they say but I wasn't drunk and I only got one test and they reported that two test were taken. The breathizer machine looked old and faultly. They kept making me take the sobority test over and over until I messed up. They laughed when they arrested me.
Only gave me one choice of test. I have the right to two. They knew I was never arrrested before and didn't know my rights. They took advantage of that fact. I have 2 witnesses that saw everthing that happened. One witness I didn't know and they felt how I was treated was not right. Yes I had a couple of drinks but it was a in a time frame of 3 1/2 hours with dinner.


Thank you Carl for the info

[CdwJava]

Originally Posted by forwhatisworth

The BAC was .15 so they say but I wasn't drunk and I only got one test and they reported that two test were taken.

If you were .15 then you were almost TWICE the legal limit. You may say you were not "drunk", but you WERE apparently operating a motor vehicle while under the influence of alcohol. THAT is the issue at hand - not whether you were "drunk".

As for the tests, did you blow twice in the machine? If so, THAT was the two tests. If not, then you might be able to fight the matter at trial, but you would still likely lose your license due to the fact that if you blew only once and then biffed the subsequent attempts, that is called a "refusal" and you could lose your license for a year on a refusal.

The breathizer machine looked old and faultly.

How it looks doesn't matter. How it is maintained will. If you have the money for a good DUI defense attorney, he might be able to challenge the maintenance and calibration of the device IF it has been poorly maintained. However, if it is maintained by the CA DOJ, it is probably maintained just fine.

They kept making me take the sobority test over and over until I messed up. They laughed when they arrested me.

I don't suppose it was that you kept blowing and not registering? Maybe your blows were bad. A lot of people think they can fool the machine by only blowing a little bit into the machine ... or inhaling ... or blowing out of the side of their mouth ... etc. Unfortunately, those tend to register insufficient blows, and they can be considered a refusal.

I am guessing that you had to blow several times before they got two good readings on you or they discontinued your test as a refusal but got a .15 on at least one of them.

Only gave me one choice of test. I have the right to two.

Only if both are available. You generally have the right to blood or breath. And if you choose breath, you have a right to have a blood sample drawn to be tested at your expense if you choose to do so at a later date.

Going back to your attorney's comment, I think that what he meant by the implication of guilt would be that if you jumped through the hoops the DMV would require, it COULD be seen as an implication of guilt on your part by signing up for classes and accepting the restrictions.

But, depending on the true nature of the test, I'd say that you have an uphill battle here.

- Carl

[magic55]

You were drunk. You got busted. You face the consequences. Theres no mistaking twice the legal limit!

[BigMistakeFl]

Do you admit that you drank and drove or not? How about, "just a couple"?

The "hard suspension" is just that, hard. It's supposed to be and it stinks as much as anything does. All of us had to get to work to provide income, some of us have families to provide for. You find a way to get to work. You hitchhike, you bum rides from friends and family, you take the bus. I rode my bike everywhere; got in really great shape from it too.

[AHA]

Originally Posted by forwhatisworth

The BAC was .15 so they say but I wasn't drunk and I only got one test and they reported that two test were taken. The breathizer machine looked old and faultly. They kept making me take the sobority test over and over until I messed up. They laughed when they arrested me.
Only gave me one choice of test. I have the right to two. They knew I was never arrrested before and didn't know my rights. They took advantage of that fact. I have 2 witnesses that saw everthing that happened. One witness I didn't know and they felt how I was treated was not right. Yes I had a couple of drinks but it was a in a time frame of 3 1/2 hours with dinner.


Thank you Carl for the info

A person who doesn't even realise how much alcohol they have in their body and shouldn't drive, is an ALCOHOLIC! Call AA and stay off the roads, lush!

[netic]

Since the suspension is "Admin Per Se", it is automatic and you have no choice in admitting or denying your guilt. Getting the restricted license should have no bearing on your case. Go to the hearing though, do not accept a automatic result. Going to the hearing will give you a heads up on how commited the police and the state are to convicitng you and what their approach may be. Talk to another lawyer too, I would be sure to get at least a few opnions.

[CdwJava]

Originally Posted by netic

Since the suspension is "Admin Per Se", it is automatic and you have no choice in admitting or denying your guilt. Getting the restricted license should have no bearing on your case. Go to the hearing though, do not accept a automatic result. Going to the hearing will give you a heads up on how commited the police and the state are to convicitng you and what their approach may be. Talk to another lawyer too, I would be sure to get at least a few opnions.

The hearing doesn't give someone much about the case. In fact, if the paperwork is complete and the minimal elements are met justification for the stop and reason to believe the test will show a .08 BAC or higher), the officer won't often even be required to attend (by phone or in person).

When it IS contested, the officer SHOULD just quote from his report rather than try to say anything which might come back to bite him in court. Some attorney like to go to the informal hearings because they will try and weasal stuff from the officers that he won't be able to get in a court of law. A smart and experienced officer won't bite ... a young and inexperienced one might.

And to get a restricted license, the driver would have to attend classes, and agree to certain other conditions. I suspect that the attorney is afraid that signing up for classes will give the APPEARANCE of guilt, even if it is simply a means to an end.


- Carl

[SillyPuddy]

Carl -

Wouldn't a BAC of .15 pretty much be an automatic guilty anyway? I don't see how one would fight that unless the officers violated some law or procedure and the case gets thrown out. Even so, there's still the 4 month DMV suspension.

[CdwJava]

Originally Posted by SillyPuddy

Carl -

Wouldn't a BAC of .15 pretty much be an automatic guilty anyway? I don't see how one would fight that unless the officers violated some law or procedure and the case gets thrown out. Even so, there's still the 4 month DMV suspension.

Provided the stop and detention are not thrown out for some reason, the .15 is pretty much a done deal. It would be hard to argue that a machine was off by .07 or more.

- Carl