Can I Class Action the Department of Motor Vehicles

[jamesc116]

What is the name of your state (only U.S. law)?California

Current California Law authorizes two license suspensions, upon a DUI.

Current law also requires that the two suspensions run concurrently, and that "the total period of suspension (for both suspensions) shall (must) not exceed the longer of the two suspensions".

However, DMV refuses to acknowledge that that section of the vehicle code exists, and insists on running the suspensions consecutively - Which was authorized by a prior section in the vehicle code - And that section WAS REPEALED in 2006!

I spoke with everyone from all departments - who just referred me to other departments.
Finally ended up speaking with the Attorney General - Marjorie Cox. Who stated that I was most likely 100% correct, But that she'd have to check up on it.
Then I got a call from someone else at DMV, who again stated that they could basically do whatever they want.

I only have 2 days of the suspension left, but because of the second suspension (that should not have happened) I am no longer employed.

So, what are my chances of a class action, in this situation?
There are 1000's of people that are being subject to the additional 4mos that are being imposed (even though the section that allowed it, was repealed in 2006)
So thousands of people, that are loosing thousands of dollars per month - EACH.

I've sent the situation in to a bunch of firms, but am not getting ANY responses????

I'm not really looking for money, But I want the DMV to follow their laws (and deserve something, not that I no longer have a job)

The whole situation stemmed from a police officer that was flat out LYING on the police report, so I had no choice, but to take a deal.

Then AFTER my suspension period was over, & I get back to work -It gets suspended AGAIN!!
So, how do I proceede??????

Thanks VERY much, for any assistance.

In case you need the Vehicle code sections......
15 CVC - 13353.3 CVC - 13352A1 CVC - 13354 CVC (repealed 2006) -
Also a DMV RULE calendar at [url=http://www.dmv.ca.gov/about/lad/rulecal.htm]California DMV's Year 2008 Rulemaking Calendar[/url] that clearly states the suspensions are to sun concurrent.


Thanks again

[FlyingRon]

Why a class action? Why not a specific individual action. Sounds like you may have a case (given your synopsis of the law, I'm not going to bother checking up in its veracity). If you prevail, you'll pave the road for similar affected criminals.

[jamesc116]

If I had the money for a lawyer, it would be a done deal!
But...
No license = No Job = No Money[br]The weird thing is... that no matter how many Law Firms I contact**************I'm getting . . . NOTHING.[br]I think I'm gonna start submitting it to some DUI Lawyers. Most DUI Lawyers HATE playing DMV's games, and would probably handle it - for Sh*+s & Giggles. (And they're familiar with the Vehicle Code's method of - having to read 73 other codes - in order to understand, just one.[br]
Anyways, I'll post my progress - if there is ever any . . (progress, that is)

[jamesc116]

If I had the money for a lawyer, it would be a done deal!
But...
No license = No Job = No Money[br]The weird thing is... that no matter how many Law Firms I contact**************I'm getting . . . NOTHING.[br]I think I'm gonna start submitting it to some DUI Lawyers. Most DUI Lawyers HATE playing DMV's games, and would probably handle it - for Sh*+s & Giggles. (And they're familiar with the Vehicle Code's method of - having to read 73 other codes - in order to understand, just one.[br]
Anyways, I'll post my progress - if there is ever any . . (progress, that is)

[Stevef]

No license = No Job = No Money = Lots of time to read up on California Civil Procedures.

Also, please edit your posts to remove the inappropriate language. It violates the forum rules.