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  #1  
Old 12-21-2005, 06:42 AM
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Join Date: Dec 2005
Posts: 26

Okay Suspended/Restricted License, need some clarification


What is the name of your state?CA

I got a DUI and the DMV suspended my license for one year (that was almost a year ago). I finally went to court about a month ago, and along with attending a DUI program, the judge decided to issue me a 90 restricted license to go to work, my program, and home. I called the DMV about this and the customer service Rep. (Who appeared to be a little ignorant) did not know what I was talking about when I said the court issued me a restricted license. It is absolutely important I have some way to get to my program (which is 15 miles away) and back, as well as work (another 10 miles). WTF!?! is going on.
  #2  
Old 12-21-2005, 07:30 AM
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Quote:
Originally Posted by shadybab
WTF!?! is going on.
Why did you contact the DMV??
They have nothing to do with your court ordered restricted license. Simply do as the court has ordered. If stopped, show the officer the court "restricted license to go to work, my program, and home" license. Pretty simple, huh??
Oh, and you better be able to PROVE (to the officer and the court if necessary) that you are going between "work, my program, and home".
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  #3  
Old 12-21-2005, 08:53 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by shadybab
What is the name of your state?CA

I got a DUI and the DMV suspended my license for one year (that was almost a year ago). I finally went to court about a month ago, and along with attending a DUI program, the judge decided to issue me a 90 restricted license to go to work, my program, and home. I called the DMV about this and the customer service Rep. (Who appeared to be a little ignorant) did not know what I was talking about when I said the court issued me a restricted license. It is absolutely important I have some way to get to my program (which is 15 miles away) and back, as well as work (another 10 miles). WTF!?! is going on.
I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restriction?

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

[url]http://www.dmv.ca.gov/faq/faq.htm[/url]
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  #4  
Old 12-21-2005, 08:55 AM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


You'll need to carry something that states you are allowed to drive under the restrictions, if your actual license was confiscated. Get something from the court, and you may get a little further with the DMV if you try to find the administrative center rather than your local license office. And as Jet stated, you need to be able to prove where you are going and why it is for business or treatment needs only. It will be between you and the cop that stops you. Expect to be tested for alcohol if you are stopped.
  #5  
Old 12-22-2005, 10:31 PM
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Join Date: Jun 2005
Posts: 2,426
Nice of the Court to 'issue' a restricted license.

A Court doesn't issue squat to the defendant. Ask the court clerk in that court to run a 'docket'/minute order for you, which shows the Court's verbal order.

I assume you were under 21 for DMV to susp your license for a year.

I believe the Judge exceeded his discretion - DMV disallowed restricted licenses for under 21s at least a year ago.

On this issue, I think DMV trumps the Judge/Commissioner.

Carry the minute order and hope the cop lets you go; if he runs your DMV and it shows suspended, he will likely cite you for a violation and, hopefully, the argument will wind up in that original Judge's court.
  #6  
Old 12-22-2005, 11:57 PM
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Join Date: Sep 2005
Posts: 72
garrula with all the info.

One last situational thing. The judge was going to deny me my restriced but i told him the last judge dismissed my 23140 and then the AA meetings i just completed dismissed my Minor in posession. That still wont merit me anything in the dmv will it now?
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