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DUI, 30 or 60 day ID Suspension?

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nab003

Junior Member
What is the name of your state? California

I was pulled over in Nov 06 for a dui .15 .16 is what i blew. and stayed a night in jail.

Had the 30 days manditory suspension of my license, enrolled in a first offenders program, got my sr22 and paid for my restricted license.

I have completed my first offenders program prior to my court date of apr 25, 07.
I pled guilty, the judge sentenced my for $1520 and 6 hours of jail time credited for time servered.

At the time i already had my restricted licence, nothing was said that my restricted would be suspended at that time also. So i have my licence suspended twice for the samthing, dui. I got pulled over on my way to work on the first of may, after my court date, for speeding. the officer let the speed drop a little and was confused on why my licence was suspended too (this was the first time i found out my licence was suspended again). Right after getting the ticket for speeding and driving with a suspended licence, i walked to the DMV and got my restricted back right then.

I got my restricted lic. on jan 12, i thought i was going to get my full licence back on june 12, now dmv is telling my that i cannot get it back until sept.:mad::confused:

What is going on? I have been so confused on this entire thing. some one please help.

Why is it that i cannot get my ID back until sept?

Will the ticket i got for dirving with a suspended licence go threw even if i was able to get my restricted that same day? (which confuses me, i would think i should be able to have a suspended licence and then be able to get my restricted right after being pulled over. i tried to get my restricted prior to jan 12 but they wouldnt let me cause it hadn't been 30 days of full suspention)

Thank you in advance!

Nic
 


sjmjuly

Member
There are two things that occur when you are arrested for DUI. The first is an adminsitrative action that happens with the DMV and has nothing to do with the court proceedings. Your license was initially suspended and you were offered a hearing to ask permission for a restricted license. If granted, a restricted license will be issued and you may drive under the restrictions during the administrative suspension period.
The second thing that occurs is the actual court sentencing. You were given your sentence and fines and a somewhat of a break because you are a first time offender. BUT, in the state of California, once CONVICTED in court of the offense, the law states your license will be suspended again separate from the adiminstrative suspension that took place when you first were arrested. Because this was your first DUI offense, you were granted a restricted license and that's why the DMV went ahead and issued you another restricted license. I think California law is a suspension of regular driving privledges for 4 months, so your restricted license will remain during that time period.
Some states (like Oregon, Pennsylvania & Maryland) have what is referred to as "Diversion" type programs for first time offenders. If granted, it finds there is enough evidence to find the person guilty, but offers a probationary period that if completed sucessfully, the offender is NOT convicted of the DUI, and therefore the DUI points are not added to the driving record and causing another DMV suspension. California does not have these types of programs in place. When you were convicted, the court notified the DMV and 12 points were added to your license. This 12 points is what caused the suspension. As far as the driving while suspended, I don't know. It didn't help Paris Hilton when she said she didn't know her license was suspended and she ended up in jail. But she was also on probation and driving while suspended was a probation violation. I am thinking DMV should have notified you of the addition of the 12 points and the suspension. Call your attorney. Maybe they can answer the question for you.
Your best bet is to obey the restriction, don't get into anymore trouble - either drinking and driving, or any traffic violation for that matter.
 
Last edited:

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