Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help
I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says dui classes deleted and no further action needed. I am in surgical tech school and can not have anything on my driving record and need my license to drive to clinic. Pleas help.
A:
Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements or might have taken action based on other factors.
First, try to schedule a hearing with the DMV regarding your suspension. You can do this by visiting the California DMV website and finding the section for scheduling administrative hearings, or you may visit a local DMV office in person. Prepare all relevant documents, including your court dismissal, DMV driving record, and any proof of DUI class completion or deletion.
If you're unable to get through by phone or schedule online, consider writing a detailed letter to the DMV's Driver Safety Office explaining your situation. Include all necessary documents and a request for a hearing or review. It's crucial to keep copies of all correspondences and documents for your records. Remember, maintaining clear and detailed communication with the DMV can be key in resolving your issue.
A:
When cited for a DMV, there are 2 separate entities that can affect your license: the court and the DMV. One ruling does not necessarily affect the other.
you had to contact DMV within 10 days of an arrest to set a hearing date....did you do so?
did you have a lawyer? if not consider getting one now!
the public defender only assists with court, not DMV.
most DMV hearings result in an adverse ruling against the driver and result in the driver having to take classes...if you didn't then you violated the DMV ruling.
all of this has nothing to do with whether you were under the influence. Your problem is probably not whether you were guilty or not but rather that you did NOT do something mandated by The DMV.
sometimes the issue is too many points, but 14 years later sounds screwy.....get a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
