question about dui license_suspension

[softvirgo]

What is the name of your state? CA

hello everybody

I am having a question for my second dui.In second week of March I met with an accident . Single vechicle accident nobody else involves in that. I got fainted and cops sent me to the hospital and fortunate enough got discharge next day .

Now when I got discharged my license was not in my wallet. definitely taken by cops.I hired an attorney and they scheduled my hearing which is in second week of april.

Today I call at 3 places as till now I haven't got any document in court. first i called at
court clerk and they said they have no charges against me filed till now but it could
take several weeks. then i called DA's office and get the same answer.

Then i called traffic safety office in sacramento where they held DMV hearing and he said that my license is cleared and there is no hold on it. I asked him that whether somebody put a hold on that which has been avoided for 30 days after asking for DMV hearing. they said no. there was no hold on your license.

Till now what i know is that when u get cited for DUI the time cop takes ur license you need to schedule dmv hearing within 10 days as they put a hold on your license otherwise your license will get suspended.

What do you guys think . has anybody has some experience or advice.

Regards

[Shay-Pari'e]

[url]http://forum.freeadvice.com/showthread.php?t=314090[/url]

[softvirgo]

here question is different.

the question is more from dmv point of view. if you cant answer please dont reply to this post.

[Shay-Pari'e]

Originally Posted by softvirgo

here question is different.

the question is more from dmv point of view. if you cant answer please dont reply to this post.

Umm, you can't dictate who replies. In the other thread, you lied.

[softvirgo]

I am just requesting you for sake of this forums from where lots of people gets great advices which will help them to take right professional help.

At this time I am in need of help and andvice and thats what i m looking for.

[Shay-Pari'e]

Originally Posted by softvirgo

I am just requesting you for sake of this forums from where lots of people gets great advices which will help them to take right professional help.

At this time I am in need of help and andvice and thats what i m looking for.

Stay off the roads and get help for your many problems.

There, I gave you advice.

[fairisfair]

you said that you have an attorney, ask him/her

[softvirgo]

Now what about question which is asked regarding DMV. do you have any knowledge about that.

[Shay-Pari'e]

Originally Posted by softvirgo

Now what about question which is asked regarding DMV. do you have any knowledge about that.

They have long lines, and they don't allow you to use cell phones.

[softvirgo]

i think thats pretty straight. again you intenstionaly trying to deviate everybody's attention from the pivot question.

I will try again

KNOCK KNOCK

ANy advice.

[CdwJava]

If the DMV says there is no hold on the license, then it likely means that the cops did not suspend your license in the belief that your BAC would be .08 or higher. After 30 days they would know something.

Go to the DMV and get a new license ... obviously you lost the old one. Keep in mind that you might not have it for long, because if convicted you will almost certainly lose it again.

- Carl

[softvirgo]

If they didnt suspend my license believing that my BAC was not higher than .08 then why they took my license.

Is this the right question. Does it mean that the procedure they have implemented in my case is contradictory.

I am not going to blame them for the mistakes which i did but just want to know.

[CdwJava]

Originally Posted by softvirgo

If they didnt suspend my license believing that my BAC was not higher than .08 then why they took my license.

Is this the right question. Does it mean that the procedure they have implemented in my case is contradictory.

I am not going to blame them for the mistakes which i did but just want to know.

First, how do you KNOW it was taken by the cops? All because it is missing from your wallet does not mean the police have it. Hospitals also get copies of ID for patients. It could be that somme registration clerk left it on the copy machine. Or, it could also be that a cop took it to review and stuck it in a pocket or left it somewhere else. Or, maybe, you left it where you had been drinking that night.

Who knows?

If they took your license they would have left a document that is titled 'Admin per Se' (aka a DMV 367). If no such document was in your possession, and the DMV has no record of this, then chances are the cops didn't seize the license.

- Carl

[softvirgo]

if for first Dui your license was not suspended at all and there was no restriction from DMV point of view. Lawyers must be knowing Helmandollar case and if you get another DUI within 7 years.

Will dmv consider this one as first DUI for suspension action or will they consider this as second dui from suspension point of view.

As everybody says that DMV and court are 2 different cases it is possible that you get convicted in one and not get convicted in others .

So last time I got convicted in court and not in DMV so there was no license suspension before.

Just need thoughts

[CdwJava]

Originally Posted by softvirgo

if for first Dui your license was not suspended at all and there was no restriction from DMV point of view. Lawyers must be knowing Helmandollar case and if you get another DUI within 7 years.

CA now looks back 10 years for prior DUIs.

And all because the DMV does not restrict now does not mean they won't after a conviction or at the direction of the court.

Will dmv consider this one as first DUI for suspension action or will they consider this as second dui from suspension point of view.

That depends on how long ago your first DUI happened, and whether this one happened BEFORE or AFTER January 1st, 2006.

As everybody says that DMV and court are 2 different cases it is possible that you get convicted in one and not get convicted in others .

But the court can always impose the suspension later, and a conviction might result in a suspension anyway. You may be able to beat the early suspension, but that is no guarantee of keeping your license.


- Carl