I just got a letter from the dmv that says "the stay of the suspension against your driving privilege has ended"

1 views 4 answers
"the suspension resulting from the arrest on september 04,2009 is hereby set aside." it was my 2nd dui arrest.after i went to court i got a letter 2 weeks ago from the dmv saying that my license is suspended for 2 years.now i get this lettet saying that since i won my dmv hearing the suspension has ended. what does this mean.i got my license back,and if not how can i get it

Attorney Answers

4
Manny Daskal ·
If you won your admin. hearing you are entitled to your license back. This is called a set-aside. You ned to be careful if your court case is not resolved as this could result in a suspension as well, but if you get a "wet" reckless you may not suffer a suspensiona s you have not been convicted of a .08 or greater which is where the DMV gets its suspension authority. Now would probably be a good time to talk to a knowledgable atty. in your area.
0 upvotes
Peter Iocona ·
I would need to know more information; but it appears that you won the DMV hearing but suffered a second offense DUI conviction when you appeared at court. As a result of the second offense conviction, you will suffer a two year suspension; however, this may be modified to a restriction after one year provided you are enrolled in the SB-1344 multiple offender alcohol program, you provide the DMV with an SR22 and you pay the DMV their reinstatement fees. What's curious about your situation is that you prevailed at the DMV for some reason and I wonder whether that reason could have resulted in a better outcome at court. If you had been able to obtain a better outcome at court, you may have been able to avoid the second offense DUI conviction, which would have resulted in no suspension from the DMV since you won the DMV hearing. You should contact an experienced DUI/DMV attorney to see whether the reason you won the DMV hearing would have resulted in a better outcome at court.
0 upvotes
Donald Guy SowersCriminal Defense AttorneyIrvine, CACA licensed ·
A "Set Aside" means that the California DMV found that one of the three iisues in the DMV Administrative Per Se "APS" hearing were not met by their evidence. Usually, it is the blood alcohol level is below 0.08% or there may have been some error with the officer's report or police procedures. With a "Set Aside" letter, had this been your first offense, you would have been able to go down to any DMV location and they would immediately reiisue a California Driver License. However, if you are still on probation for your first DUI, then the DMV can still take your license for being in violation of probation; due to having "any amount" of alcohol in your system at the time of driving. But if you have already gone to court and plead guilty to the second offense DUI, then the letter that DMV sent you two weeks ago was probably because of the court DUI conviction. If that is the case, you must enroll in an 18 month alcohol program. And usually, you must have completed at least 12 months of that program before you are eligible for a "Restricted Driver License." You really should consult with an experienced drunk driving attorney to determine if you may be eligible to drive. And the DUI lawyer should review your police reports to see if the reason for the DMV "Set Aside" may be the basis for a dismissal or redution of the DUI charges in court.
0 upvotes
Edward Blum ·
You get your license back. You have to go to the DMV and pay the reinstatement fee. Edward J. Blum
0 upvotes