Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-11-2008, 08:54 PM
Junior Member
 
Join Date: Apr 2008
Posts: 5

Underage DUI California - 23136


I am a 19 year old male attending the CSU. Last night I was stopped after exiting a drive-through because someone had "caled 911 to say people were drinking in the back of my truck." I had allowed people in the back of my truck, but only while in the drive-through chute. I realize that this is still illegal.
To make a long story short, 15 minutes later I was cuffed in the back of the cruiser for blowing a .038. The arresting officer told me that I was clearly not drunk and showed no signs, but he had given me the test as a precaution.
When back at the campus police station I asked him what the penalties would entail, and he told me that I would lose my license for one year. I asked him if there was any way to obtain a limited or restricted license, since my job requires me to drive. He told me that the DMV could issue me a restricted license as long as I could show necessity. He assured me that it was usually not a difficult process.
My question is regarding Section 13353.8 CVC. On the back of the DS 367M sheet it says near the bottom that "DMV will not issue critical need restricted license to a person under the age of 21, if the person violated 23136." Is this the case for me? Can I still obtain a restricted license and continue to work?
Thanks.
-K
  #2  
Old 04-12-2008, 12:23 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,285
To my knowledge about three years ago they decided to ban hardship licenses for underage drinking suspensions.

Hopefully one of the Californians on the group can give you a better answer.
  #3  
Old 04-12-2008, 02:30 PM
Junior Member
 
Join Date: Apr 2008
Posts: 5
Thanks Ron. Anyone know if there's any way to keep a license for work/school purposes?
  #4  
Old 04-12-2008, 02:38 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
Quote:
Originally Posted by FlyingRon View Post
To my knowledge about three years ago they decided to ban hardship licenses for underage drinking suspensions.

Hopefully one of the Californians on the group can give you a better answer.
You are correct Ron, at least as of the last time I clerked in traffic court (2 years ago)... Carl will know for sure, as I'm sure if DMV policy has changed in the last couple of years, his agency was notified.
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #5  
Old 04-12-2008, 02:39 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
Quote:
Originally Posted by angelsfan89 View Post
Thanks Ron. Anyone know if there's any way to keep a license for work/school purposes?
Not a chance last I checked. California has gotten very strict on minor in possession/ minor in consumption laws.
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:03 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.