Unusual period of dmv license suspension

[softvirgo]

What is the name of your state? California

Hello Everybody

As you all know my case is still pending with court for second DUI[Arraignment]. Anyhow day before yesterday I was having DMV hearing which my attorney attended.

Just for a little background during my last dui my license was not suspended as I got acquittal for 23152(b) reference helmandollar.

Anyhow yesterday I got letter of decision from the hearing officer. I was prettu sure that my license would be suspended for 1 year as they wil take it as second dui. But surprisingly on the letter they have written license is suspended for 4 months only with specific dates i.e upto september 14,2006.

I don't know how this has happened but it was good for me. I called Safety driver office in sacraamento and they said that yes hearing officer had sent suspension upto 14 september 2006. But they also said that record shows thta this is your second dui. They gave me there headquarter number and told me to check with them after 1 month that whether you are eligible for restricted license or not.

I am 99% sure that hearing officer made a mistake and made a decision of suspending it for 4 months. Now I am having hearing officer judgement with hand with his signature on it. Can I appeal somewhere if they refuse to give me restricted license. Can they change there judgement after seeing that they have made mistake.

Just need kind of ideas.

 

[softvirgo]

any suggestions

by anybody

 

[jalle50319]

how did you get the first one thrown out agian?

 

[softvirgo]

i got acquittal for

23152(b) in first case so there was no license suspension

 

[garrula lingua]

Prior to Sept., 2005, the court did the DL suspension.

Since that date, DMV does the suspension.

In OP's case, the court didn't report the suspension to DMV on #1 DUI.

#2 DUI probably occurred after 9/2005 & DMV will suspend (as though it's a first DUI). The court will still order the 18 mo program, etc. for the 2nd time DUI.

This is one of the reasons DMV took over the suspensions - courts were eratic and suspended or restricted on each Judge's decision.
Now, suspension is standardized by DMV.

 

[softvirgo]

Thanks for your reply

but during my first DUI DMV does know about my suspension and I also had a hearing for 1st DUI but as I got acquittal for 23152(b) on 1st dui , so they gave my license back. In fact they created a new one.

One more question if DMV made a mistake in this hearing and gave me only 4 months instead of 1 year. Do I have any legal recourse if they refuse to give it to me later on I mean after 4 months.

 

[softvirgo]

Any reponses

by masters