Restricted License From Court. Confused and concerned. Please Help!

[shadybab]

What is the name of your state? CA.

I was convicted by the DMV of a DUI under the age of 21, My license was suspended for a year. My court appearance was extended for a long time, but I was finally convicted of a "First Offense DUI". One of my charges included a 90 day restricted license, which was considered "Orally issued". Expecting to receive paperwork regarding this license as well as other paperwork, All I received was my pink copy of the Plea Bargain I had signed. I called the DMV to confirm if this document could be considered my Rest. license, and the operator told me I could not get a restricted license. Figuring she didn't know what she was talking about, I called the court and they said that all they do is notify the DMV when this is issued. I am very confused, am I allowed to drive to work and my program or not? This is very important to me because I have been riding my bike 10 miles to work and 10 miles back everyday and I have not had a drink since. SOMEBODY PLEASE HELP!!!!!!!!!!

[snostar]

What is this suppose to mean?

license, and the operator told me I could not get a restricted license.

If you had an attorney represent you, ask them.

[BL]

Restricted , most likely means conditional,meaning you can ONLY drive during designated times , NOT when you feel like it

Life is just a bummer somtimes HUH ? Refrain ,

[outonbail]

I was convicted by the DMV of a DUI under the age of 21

When did the DMV start handling court cases?
It's no wonder they're always so damn crowded....

Your license is automatically suspended when the officer arrests you for DUI. The police physically take your license and don't return it when your released from jail.

My court appearance was extended for a long time, but I was finally convicted of a "First Offense DUI"

Weren't you given classes to attend as part of this first offense conviction? Usually you are given a restricted license so you can attend these classes and drive in the course of your employment.

You should have received your restricted license back from the DMV unless you have some outstanding citations or fines that have not been paid. Check with your attorney, the public defender, the class instructer or the probation department to see what they can tell you about why you have not received your restricted license as well as what steps you need to take to rectify the situation.

Do not drive without confirming that your restricted license is in effect. You don't want a "driving on suspended" compounding the DUI on your record.

[CdwJava]

If you did not schedule a hearing on your license within 10 days of the arrest, AND your license was seized and you were handed an "Admin Per Se" form (aka DMV 367), then your license is suspended. Not restricted, suspended.

Make an appointment with the DMV to find out when/if you can apply for a restricted license. You may have to wait until at least the 90 days is up.

- Carl

[undecided2776]

the pink form issued to you... is it an admin per se? That gives you the ability to drive for 1 month. i believe.

[CdwJava]

Originally Posted by undecided2776

the pink form issued to you... is it an admin per se? That gives you the ability to drive for 1 month. i believe.

Dollars to donuts, the case has already gone well beyond that time frame. And since the DMV has already informed the OP his license is suspended for a year, I suspect that the Admin Per Se is a moot issue.

- Carl

[garrula lingua]

As of Sept 20, 2005, DMV tool over decision of effect of DUI on drivers' licenses from the Courts.
Courts used to restrict DL for those under 21(one year restriction; for first-time DUIs over 21, a 90 day restriction); now it's a standard
one-year suspension by DMV; the Courts have no discretion.
I believe DMV will not 'restrict' to allow back and forth to school, work, and the alcohol program, as the Courts were doing - it's now a straight one-year suspension.ion

[undecided2776]

garrula,
What was the rule previous to september 20?

What do you mean "took over effect of DUI on Drivers' license from the courts? Sooo if i was dimissed of both charges that means DMV should dismiss my charges on my record as well? I need some clarification please.

I would like to think that since I was given my citation in july 2005 I am not under the same rules?

[garrula lingua]

For those under 21, the Court could sign their Petition to restrict DL and state the terms (back & forth to work, school);
DMV would honor the Court's order. (Courtroom had Judicial Council Forms for Petition to be presented to Court at time of plea.)

In a DUI for driver over 21, the Court's order was discretionary & in addition to DMV's effect (commonly, first time DUI was a 90 day restriction by the Court after (sometimes, concurrent [same time]) DMV returned the driving privilege, & I believe DMV was usu 4 mo. suspension.

Now, DMV controls the DL effect on DUIs.

[undecided2776]

My question is what is the cut off? I got cited before the cutoff but was granted a restricted after the cut off.

If the court dismissed my charges does that mean the dmv has to honor the courts decision?

[garrula lingua]

As far as the change in law on Sept 20, 2005, the courts I'm in all consider the date of the offense (pre-9/20/05-the court has discretion; post 9/20-DMV has all control over the privilege of driving, doesn't matter what the Court orders.)

You appear to be saying both your charges were dismissed. I assume you mean VC23152(a) and 23152 (b).

If that is the case, contact DMV and find out if you can still file for an administrative hearing on the DUI. You, generally, only have 10 days to request such a hearing, but there may be an appeal process for someone in your circumstances (if that is the case). I'm not an expert on DMV administrative process - there are attys who only practice DMV issues. If nothing else, see if you can get the name of an atty from a DMV employee.
Good Luck.

[undecided2776]

Thanks a bunch. One last thing that I want to clarify. If the court dismissed my charges but these charges were dismissed post sept 20. does that mean DMV does not have to acknowledge it, even though they pushed back my pri**** hearing date?