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  #1  
Old 01-26-2005, 09:33 PM
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Join Date: Jan 2005
Posts: 11

is there ANY way to get my licence back?


What is the name of your state? California

On Saturday night, at 1 am (early Sunday morning), I was pulled over for suspection of drunk driving. I had 4 beers before I had to drive home. I told the cop I had one beer around 9 PM. I had to do the following tests:

-follow the cop's finger with my eyes
-stand on one foot and count to 20
-breathalyzer

I overheard the cop talking to the other cop about how well I did my tests...but then when I had to blow in the breathalyzer, it showed up as 0.06%. I'm only 16 years old, so the paper he gave me said my licence will be suspended for one year.

Is there ANY way the suspention could be set aside? I still have 6 days to request a hearing. What about if I get a lawyer....?

please help....if there is no way, please tell me. i'd like to know.

Last edited by thehumankillers; 01-26-2005 at 10:03 PM.
  #2  
Old 01-26-2005, 10:24 PM
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Location: California
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If you were not arrested for DUI, then chances are good that you were served with a zero tolerance suspension (the paper was probably titled "Under 21 Admin per Se") per CVC 23136 or 23140. These can result in a licsnes suspension for a year. However, there is a procedure to contest or appeal this through the DMV ... probably not a good chance to prevail, but theoretically possible.

- Carl
__________________
A Nor Cal Cop Sergeant

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And a croissant!"

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....author unknown
  #3  
Old 01-26-2005, 10:57 PM
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Join Date: Jan 2005
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also...i heard this...

if i plead not guilty, they set another court date, and the cop dosent show up, all the charges and everything will be excused.

is this true?
  #4  
Old 01-26-2005, 11:05 PM
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Quote:
Originally Posted by thehumankillers
also...i heard this...

if i plead not guilty, they set another court date, and the cop dosent show up, all the charges and everything will be excused.

is this true?
Uh ... what exactly are you charged with? If you were arrested for DUI, then this is NOT a simple traffic collision. If you were neither cited nor booked, then you face administrative penalties from the DMV only ... unless they come back after you later.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 01-27-2005, 09:34 AM
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Join Date: Dec 2004
Posts: 179

Better Stay away


from the booze. You barely got buy with a .06 BAC. Had you blown over a .08, you would have been slaughtered. You're lucky to get out of this with only a 1 year suspension. Check with the DMV and see if there's a short waiting period to get a resticted license. Don't know if this is available for underage offerders. The insurance would be staggering but maybe you've got rich parents.
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