Restricted license or hardship license

[softvirgo]

What is the name of your state? California

After 2nd dui i think your license is suspended for 1 year. is there any way to get restricted license for work and AA classess.

Please suggest. I am goingt o need it very soon

[Blue Meanie]

Originally Posted by softvirgo

What is the name of your state? California

After 2nd dui i think your license is suspended for 1 year. is there any way to get restricted license for work and AA classess.

Please suggest. I am goingt o need it very soon

[url]http://www.apta.com/links/state_local/ca.cfm[/url]

[softvirgo]

but still is there any way to get restricted license.

[ENASNI]

Come on Softvirgo, you have to know how to google by now. We are not going to hold your hand and lead you down your DUI path for you.

Okay maybe a little [URL="Handholding."][URL="http://www.google.com/search?hl=en&q=CALIFORNIA+RESTRICTED+LICENSE+DUI&btnG=Google+Search"]Handholding.[/URL][/URL]

[CdwJava]

Originally Posted by softvirgo

but still is there any way to get restricted license.

Yes - AFTER you have served, I believe, 12 months of a suspension that resulted from a conviction.

I posted the link to the law on one of your other threads. Go back and take a look at it. Or, call the DMV and ask.

- Carl

[softvirgo]

I tried Regional transit today. it is really a great option. Obviously I have to face what I did.

I have also attened till now 11 AA meeting and have done 16 hrs of community service . my court date is in May and I am going to attend more aa meetings before going to court.

Yes I have quit drinking and I am 100% changed now. I know I was having a problem and thats why attending classes to get rid of this problem.

I just dont want to loose my job. if it is sometime which I need to serve , will i be having an option of house arrest or doing it over the weekend.

please suggest more. I want to do everything i can do before going to court TO AVOID JAIL TIME.

[CdwJava]

In the counties I have worked in (three different ones) most DUI convicts work weekend work projects. However, with a second DUI conviction you may be required to spend SOME time in jail ... I have seen this handled creatively so it might be done by weekends as opposed to all at one fell swoop. But sentencing guidelines are outside my area of direct knowledge. StephenK and Garrula Lingua - and others - can probably elaborate more. But, I seem to recall that THIS question was also answered in one of the other threads.

- Carl

[garrula lingua]

Regarding jail time:
2nd DUI in CA is mandatory 96 hours of county jail (supposed to be two contiguous 48 hour periods or one 96 hr period). Many jurisdictions charge 10 days of county jail for a 2nd time DUI.

In L.A. county, defendants usu do about 10 to 20% of jail time ordered (e.g. 20 days county jail, usu def will do 2 to 3 days & will be released due to over-crowding).

L.A. also allows 'private jail' (some cities charge defs to do time in their city jails --safer & more predictable environment --) Defs usu do full time on private jail (10days=10 days). Charge is about 85 per night & jail is booked ahead, so needs reservations; week-end jail is available on this 'private jail', but not with county jail.

If you have questions, the most informed person in court is not the Judge, the atty, or the Prosecutor...it's the bailiff.
Go to court before your appearance date; talk to the bailiff in court (if you can). Ask the bailiff what is the usual sentence for 2nd time DUI in that court & what are your options for serving jail time.

*If you are still on probation for the 1st DUI & that court orders the file (or the offense was from the same court) be aware:most Judges order 30 days jail for a probation violation.
Your experience may be different.

[softvirgo]

my case is in placer county for 2nd DUI and first one was in sacramento county.

I have also mentioned in my previous thread my first dui sentence was 8 days county jail which was suspended but i got probation so there was no jail time. but as i have violated the probation so if they want me to serve time it would be only 8 days. Is that right.

Actually I got scared when you mentioned 30 days for probation violation.

Please let me know if you know something about placer county my attorney is saying that it is toughest in CA or may be he is not tough enough to deal with prosecutor.

Please suggest

[garrula lingua]

First time DUI has max possible jail of six months;
2nd time DUI has one year jail max.

Courts don't send their files out of county, so Placer won't have the Sac file.

Your outcome depends on whether Placer tells Sac that you picked up the 2nd DUI.
If Sac becomes aware, you'll probably just get the 8 days (but the Judge has the authority to sentence you to up to 180 days county jail.)

In my experience, the 'tough' defense attys get the worst deals from the DDA; a good lawyer is a great negotiator (when the facts are agin him/her).

Not to nag you, but weren't you listening when the Judge gave you that 'Watson' warning after your first DUI conviction ? You know ... if you drink and drive and someone dies as a result, you will be charged with murder... I've often wondered if people hear that - what went through your head ?

[softvirgo]

but my attorney suggested that judge can only imposed sentence for probation violation which is suspended and not what potentially could be.

I am not saying you are wrong but I have got different views and just want to confoirm that.

[garrula lingua]

You have a year and a half overyour head.
Six months from the first DUI, less any time served.
One year for the Second, less time served.

The Judge in the first MAY give you only eight days jail, but s/he CAN sentence a Prob Vio to six months, less time previously served.

[softvirgo]

Please explain.

I checked today with court DA has not filed any charges till now . Its being more than a month since i met with an accident and got second dui. Yesterday DMV sends me license back. I dont know why. Even my dmv hearing is schedule for 15th may.

Anybody can give some idea about this or ------------

[CdwJava]

Originally Posted by softvirgo

Please explain.

I checked today with court DA has not filed any charges till now . Its being more than a month since i met with an accident and got second dui. Yesterday DMV sends me license back. I dont know why. Even my dmv hearing is schedule for 15th may.

Anybody can give some idea about this or ------------

What has likely happened is that the DMV has not received the DS 367 form from the arresting agency, or, the form was deficient in some way (missing information required to support the suspension). While not common, this does occasionally happen.

This is a procedural matter and will not effect the outcome at trial.

- Carl

[softvirgo]

but what do you mean by outcome of trial.

Does DMV will go again to request the form. if i have been given back license can i drive without any kind of restriction.

Moreover there are no charges filed in the court so what do you think why thats happening. its being more than a month.

and one more thing need to mentionn last week they also send me 1 temporary license.