DMV vs Court requirements

[slm90031]

What is the name of your state? CA

Hello all. I am new to this forum but perhaps someone can help. In January 06 I got 2 DUI's (yes I know, bonehead) in two separate districts of Los Angeles. The first court ordered that I take a 6 month alcohol program and the second court ordered a 3 month program. Since the second offense was a refusal I was hit with an automatic 2 year suspension. Well I finished both classes some time ago and I have paid all fees. January 08 will mark the two year point however I recently found out that DMV required an 18 month program for my second offense. Apparently a notice was sent to an old address and I never received it. My question is this. Will I be able to apply for reinstatement based on taking these two programs or will DMV STILL require me to take an 18 month program (which will be my 3rd for 2 offenses). If an 18 month program IS required, will I be able to apply for a restricted license? I have been on public transportation for the last 2 years and I do not drink anymore. Is there someone I should write to in Sacramento to get this resolved/appealed? Any advice would be much appreciated. Thank you.

 

[seniorjudge]

This is a tad difficult for some people to understand.

But there is a criminal part of drunk driving and a civil part of drunk driving.

You must satisfy both bureaucracies (the court and the DMV).

No way around it.

 

[slm90031]

BUMP

Can anyone chime in on this other than Senior Judge who likes to state the obvious? Basically I'm looking for replies from anyone who may have been in a similar situation. Thanks in advance.

 

[FlyingRon]

The fact you never received it is meaningless. The "old address" was most likely the one you have on your license. There's a reason why the law also requires you to update that with the DMV when you move.

I don't know what you expect. You think the DMV should waive the state law for an 18 month course because you completed a three month program already?

Unless the second incident involved injuries, you only need to ENROLL in the program to get a restricted license, not complete it.

 

[seniorjudge]

...
Any advice would be much appreciated
....

Or maybe not.

 

[slm90031]

bump......

 

[CourtClerk]

You may not want to hear it from SJ or maybe you want to hear it from someone who's worked in the courtroom where this has been an issue. If so, here's my answer:

You have to fulfill the requirements of both agencies. The court (who by law sentences you according to the penal code) AND the DMV (who has their restrictions as the licensing agency of the state of California and has their administrative punishments).

And since you're so good at being flip with the Senior Members of this board, my question is this:

You seem to be so smart, why is it that you didn't just pick up the phone and make the free phone call to the DMV? Let me guess, you won't like their answer either.

 

[tranquility]

What kind of information are you looking for? You've bumped this a few times, but I'm not sure what you want. Do you want someone to tell you you don't have to do what the DMV asks?

 

[CourtClerk]

What kind of information are you looking for? You've bumped this a few times, but I'm not sure what you want. Do you want someone to tell you you don't have to do what the DMV asks?

YES*****************

 

[paguy88]

This is a tad difficult for some people to understand.

But there is a criminal part of drunk driving and a civil part of drunk driving.

You must satisfy both bureaucracies (the court and the DMV).

No way around it.

you are correct BUT in reality the DMV acts as an extension to the criminal system to fullful a action say of a suspension of licenses given by the court....

if you think about it you are getting punished TWICE for the same crime.. if convitced.. but I am sure they have some facy lingo to justify whatever they want to do.

 

[You Are Guilty]

if you think about it you are getting punished TWICE for the same crime.. if convitced.. but I am sure they have some facy lingo to justify whatever they want to do.

Yeah, it's called "civil" vs. "criminal".

Perhaps you've heard of OJ Simpson? I'm sure he could explain it to you better.

 

[CdwJava]

you are correct BUT in reality the DMV acts as an extension to the criminal system to fullful a action say of a suspension of licenses given by the court....

if you think about it you are getting punished TWICE for the same crime.. if convitced.. but I am sure they have some facy lingo to justify whatever they want to do.

You can extend it even further if you wish to get into the ridiculous ... your insurance rates go up (punishment #3), you can lose employment (punishment #4), and I am sure there are more ...

The DMV is not obligated to suspend a license even at the order of the court. I have, in fact, seen a number of instances where a person loses at court for DUI and they get their license reinstated upon administrative appeal! This is why some courts are making "no driving" a condition of probation, so that the DMV cannot undercut the court's order.

- Carl

 

[paguy88]

You can extend it even further if you wish to get into the ridiculous ... your insurance rates go up (punishment #3), you can lose employment (punishment #4), and I am sure there are more ...

The DMV is not obligated to suspend a license even at the order of the court. I have, in fact, seen a number of instances where a person loses at court for DUI and they get their license reinstated upon administrative appeal! This is why some courts are making "no driving" a condition of probation, so that the DMV cannot undercut the court's order.

- Carl

well carl... I don't know if that is ridiculous.... why is it? would you not think losing your job is serious? only second to the criminal conviction?

I can point out over the past 4 years or so both a cop and a judge in my area both got charged with DUI both got into the ARD to get the charge dropped and both did not llose there job.... now take a truck driver with a cdl... if he take the ard offer he will lose his cdl for one year he can not work at what he does for one year.. but the cop and judge can?

as I understand you are a cop right? you know the in's and out's of DUI.. you average person does not... of course not making drinking and driving right BUT several bad things can happen un the less.. they pile up and many people don't realize how it works... nor is it fair in many cases the system aleast in my state makes it a black and white issue... but in the words of Bill Parcells it is what it is.

 

[CdwJava]

well carl... I don't know if that is ridiculous.... why is it? would you not think losing your job is serious? only second to the criminal conviction?

But it's not a punishment for the offense - the same thing holds true with the administrative sanctions by the DMV - it is a seperate and distinct by product of the criminal act.

I can point out over the past 4 years or so both a cop and a judge in my area both got charged with DUI both got into the ARD to get the charge dropped and both did not llose there job.... now take a truck driver with a cdl... if he take the ard offer he will lose his cdl for one year he can not work at what he does for one year.. but the cop and judge can?

They shouldn't have gotten off. But, there are plenty of people that get "off" for a number of reasons whether they should or not.

- carl