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Nunc pro Dunc - CA DUI

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Orange_countyS

Junior Member
What is the name of your state (only U.S. law)? California

I recently got convicted of a DUI this month on a plea but was originally arrested in June of last year. I hired an attorney and in September of 2010 my license was suspended from DMV. I had a couple court dates starting in October. So I went to DUI class on volunteer basis and applied for a restricted license in October. Now that I got convicted officially in January of this year the DMV again sent me a notice saying my license is suspended for 6 months all over again. Is it possible to have the dmv count the prior suspension I already went through, dont think its fair that I have to go through the suspension period another time.

How do I have the court enter a plea retroactively (nunc pro tunc) so that the DMV match the courts same date? Would I need an attorney to do that, or could I go about that?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
The court ordered suspension and the DMV administrative suspension are independent things. You don't get credit for time served. The DMV can't do squat about what the court issued you. If the judge wanted to give you consideration, that would have been done at trial.
 

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