loosening license restrictions

[arsenic]

I am a first-time DUI in CA.

I won at the DMV administrative hearing, but later pled guilty to a DUI. The DMV then imposed a 6-month suspension, which was immediately converted to a restricted license upon receipt of my SR-22 and proof of drunk-class enrollment. Driving is restricted "to, from, and during course of employment" and "to and from DUI classes". It is not clear to me whether these terms issued from the court or DMV.

I am self-employed but currently not working, meaning I only drive to my weekly classes. My area has limited public transit and I live 25 minutes away from the nearest bus stop. Although relatively healthy, I am a middle-age guy with a bad knee. I live by myself and don't have anyone to get rides from.

I would like to be able to drive to pick up food and household necessities, as well as run occasional errands to maintain my employability. Do I have much chance of modifying the terms of my restricted license? And if so, do I approach the court or the DMV?

Thanks for any insights.

 

[CdwJava]

I have never heard of any restriction that allows for driving to and from shopping.

Sorry, but that is not likely to happen. You can always ask the court or the DMV, but I cannot imagine you will be granted that modification.

 

[arsenic]

I have never heard of any restriction that allows for driving to and from shopping.

Put that way, it does sound unrealistic. Thanks for the perspective.

 

[Zigner]

Call a cab.

 

[arsenic]

Call a cab.

Even though I am new here, it doesn't take long to identify the genuinely useful posters and those who troll daily to make completely useless comments which I guess only they find witty.

 

[woodykas]

Even though I am new here, it doesn't take long to identify the genuinely useful posters and those who troll daily to make completely useless comments which I guess only they find witty.

it is actually near impossible to change limited license rules for your situation, but you can ask judge to make some recommendations to DMV clerks.

you are not sick, not disabled, so, IMHO - your chances are minimal.

 

[ecmst12]

A cab, or a friend, sounds like good advice to me.

 

[arsenic]

A cab, or a friend, sounds like good advice to me.

I am new here, and so I will assume you are not being sarcastic.

A friend, or cab - or several friends, relatives, lovers are always good stand-bys. Some people do not have that type of social network.

A couple of other posters have already indicated that it is highly unlikely that I can get my license restrictions modified. I will not attempt to do so. I will take cabs or spend many hours by bus. The latter options were already known to me.

After several sessions with 20 or so fellow DUI convicts in alcohol education classes, I encountered mostly 20-45 year olds who are unemployed or close to broke (hairdresser, part-time elder caregiver, part-time HomeDepot stocker). They are not taking cabs.

From their conversations and revelations during "group therapy", I would guess that half of them are already driving on invalid licenses.

Personally, I can live within the restrictions of my license. I get taxis or just go on week-long vacations. However, if have no savings with 2 kids and the choice is between driving on a suspended license or losing a job and source of livelihood, it would be a tough choice.

Yes, driving is a privilege not a right, but the reality for the vast majority of Americans is that driving is necessary for employment and housing. There are exceptions. I used to live in San Francisco and was quite happy without a car. You can do well in Manhattan or some 2000-people village. These are not the norm.

I believe that 75% of suspended licensees drive anyways. I guess they haven't heard the advice to a take a cab or call their friends.

 

[Cali408nia]

I used to have a restricted license in CA for a year. Mine allowed me to drive to work, school, or to obtain health care. I was pulled over twice during that time, and the police never mentioned anything about it. I never got any kind of notification from the DMV that my license was actually restricted, the only thing that said so was the judge and my court paperwork.

If you are self employed you could probably count trips to the store as being for employment reasons. I highly doubt that most people with a restricted license follow it. What you would want to do is make sure your car is operating properly, no reason to get pulled over for a light or something that could lead to something bigger. It's always a risk. Risk vs reward. I'm not sure what the penalty is for driving on a restricted license, nor what specific information the officer would have about the restriction and how he determines whether you are within your restriction or not based upon your story.

Riding a bike is another option. Can't carry many groceries that way, but it's a good source of exercise, maybe it could even help your knee out by giving it a little bit of rehab.

 

[FlyingRon]

Just because you Mr. Pothead, got away with violating your restricted license, doesn't mean that cops have no way of telling you are restricted and will not act on the violation.

I've carried groceries on my bicycle by the way. Maybe a case of beer is a bit daunting (but you probably ought to cut back drinking after a DUI anyhow).

 

[ecmst12]

I wasn't being sarcastic. Losing your license is SUPPOSED to be uncomfortable and inconvenient. It's a punishment! Clearly you do seem to understand that. Since driving legally is not an option, Zigner was giving you an alternative that would not involve breaking the law. I'm sure those in California thank you for not being one of the 75% who drive anyway when their licenses are suspended.

 

[Zigner]

I will take cabs or spend many hours by bus.

So, you complain about my perfectly reasonable advice...and then admit that you will be following it. Yeesh!

 

[Cali408nia]

Just because you Mr. Pothead, got away with violating your restricted license, doesn't mean that cops have no way of telling you are restricted and will not act on the violation.

I've carried groceries on my bicycle by the way. Maybe a case of beer is a bit daunting (but you probably ought to cut back drinking after a DUI anyhow).

Hey FlamingRon, I never said that I violated my license restriction, just that I doubt very many people don't violate theirs. Maybe the police never mentioned anything about it to me because it was obvious that I wasn't when I was pulled over. I was expecting them to say something though after they ran my info. You have to admit, it would be difficult for them to act on a violation that they have no way of proving.

 

[arsenic]

Alright, I will just thank everyone for their input and leave it at that.

About the restricted license, I'm just going to do everything by the book. It's only for another 4 months .

My (new re-issued) license says restricted on the front, and the back reads "to/from/course of employment and to/from DUI program only". If I were stopped, running my license or plates would bring up that info anyways. Plus, some LE departments now have automatic license plate scanners, though I don't know if they flag restricted licenses.

From what I gather, the penalties for driving on a suspended license after a DUI include immediate 30-day impound of the vehicle, new hard suspension of license, jail time, and violation of my DUI probation. I assume the same goes for driving outside the terms of a restricted license.

Even if later I can convince the court that I was within the work restrictions, my car would still have been at the pound for 30 days, and I would have new legal fees, etc. For me it's not worth the risk.

 

[FlyingRon]

Hey FlamingRon, I never said that I violated my license restriction, just that I doubt very many people don't violate theirs. Maybe the police never mentioned anything about it to me because it was obvious that I wasn't when I was pulled over. I was expecting them to say something though after they ran my info. You have to admit, it would be difficult for them to act on a violation that they have no way of proving.

It's simple, the restriction is there. If they chose to investigate and write you up, they can. Violating the restrictions not only will submit you to the loss of the restricted driving privs but can screw any probation that you may be on.