Q: I have a Friend who got a DUI conviction 12 years ago.
He was told to take a class but then half way through he moved to Colorado to take care of a sick family member.
Now the California DMV wants him to pay for and take another class even though he has not had a DUI incident for over 12 years and the statue of limitations has long since passed. Is there any way to handle this with a DMV hearing or court? Could he represent himself and win? Any helpful information would be very appreciated. What is the best dmv office in the Los Angeles area to get a fair hearing.
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A:
Firstly, it's important to note that DUI convictions and the associated DMV penalties are separate matters. The statute of limitations applies to criminal proceedings, not DMV administrative actions. In California, the DMV can require completion of a DUI program even if the criminal case has been resolved.
However, given the unusual circumstances and the significant time that has passed, your friend may have a few options:
1. Request a DMV hearing: Your friend can request an administrative hearing with the DMV to contest the requirement to complete the DUI program. At the hearing, he can present evidence and argue his case, explaining the circumstances that prevented him from completing the program initially.
2. Seek legal advice: Although your friend could represent himself, it may be beneficial to consult with a DUI attorney who is well-versed in California DMV regulations. An attorney can advise him on the best course of action and potentially represent him at the DMV hearing.
3. Enroll in the required program: If the DMV denies his request or if he decides not to contest the requirement, he may have to enroll in and complete the mandated DUI program to regain his full driving privileges in California.
It's worth noting that the DMV has significant discretion in these matters, and the outcome may depend on various factors, such as your friend's overall driving record and the specific details of his case.
Your friend should gather all relevant documentation, including proof of his initial enrollment in the DUI program, evidence of his move to Colorado, and his driving record since the conviction. This information may help support his case if he decides to contest the DMV's requirement.
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