Restricted License

[Caldriver25]

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

I got a DUI a few months ago. It was reduced to a wet and reckless but I still have my APS hearing later this month. I am expecting to lose the hearing and my license. My understanding is that I will lose the license for 6mo but can request a restricted license after a month.

I understand the restricted license allows me to drive to/from work and to the alcohol classes. My question is what is the definition of work? The reason I ask is I have a hobby that requires me to drive. For the last several years i have made a small profit (I am not quitting my day job). I have pay stubs, 1099s and have paid taxes. Does this constitute work even though I do it because I love it and would do it even if I make a profit?

Is there a formal definition of "work"? Is there a set of criteria that must be met in order for something to be considered work? If not how does a judge determine If I was violating the terms of license?

I have come here because my attorney hasn't been very helpful....saying things like "you could probably get away with it". The penalties are too strong to "try and get away with it". I want to know if it would be legal or not.

Thanks,

 

[Isis1]

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

I got a DUI a few months ago. It was reduced to a wet and reckless but I still have my APS hearing later this month. I am expecting to lose the hearing and my license. My understanding is that I will lose the license for 6mo but can request a restricted license after a month.

I understand the restricted license allows me to drive to/from work and to the alcohol classes. My question is what is the definition of work? The reason I ask is I have a hobby that requires me to drive. For the last several years i have made a small profit (I am not quitting my day job). I have pay stubs, 1099s and have paid taxes. Does this constitute work even though I do it because I love it and would do it even if I make a profit?

Is there a formal definition of "work"? Is there a set of criteria that must be met in order for something to be considered work? If not how does a judge determine If I was violating the terms of license?

I have come here because my attorney hasn't been very helpful....saying things like "you could probably get away with it". The penalties are too strong to "try and get away with it". I want to know if it would be legal or not.

Thanks,

good for you for wanting to follow the law. i have to commend you on that!!!

if you make money from this activity, don't call it a hobby. is there a time frame for this contracting work? you can have it on record your type of employment to cover your butt.

and yes, i have to admit, one you violate the terms of your first DUI, it can only get worse. that jail food is disgusting.

 

[Caldriver25]

Thanks for the response Isabella,

I enter competitions that are typically held on Saturday night. I have entered approximately 20 of these competitions each year for the last 5 years. If I do well I make a little money. The past 3 years I have done fairly well, been consistent enough and have shown a small profit at the end of the year.

Thanks again,

 

[CdwJava]

I am sure if you go to court and show a tax return where you claim this as income any violation of the driving restriction would be listed. if this is NOT income, then it is not work.

Ultimately it will be up to a court, but if you get caught driving to this "hobby" expect you could get a misdemeanor citation and your vehicle impounded. You can weigh the pluses and minors yourself.