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License revoked in November by Ca. DMV. court charges dropped, no charge for violating probation. But license suspended 1 year.
Anonymous2 views6 answers
My son got a DUI 4 years ago, before he was 21, he received 5 years probation. He was charged with second DUI by an over zealous forestry ranger. Charges were dropped by court and no probation violation was ever charge by the court. DVM still suspended license for a year. Lawyer at the time missed filing an appeal. He has a chance at really good job (no driving involved) but they cant hire him without the valid license, due to insurance. Is there anything that can be done? This doesn't seem fair, and DMV has way to much power. DMV has been called many times and they won't even consider a new hearing. They make it very hard to get your life back after a mistake. Is there any recourse?
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
If he had a hearing and lost his remedy would have been an appeal. Of course DMV wont give you a new hearing. If you can get a record of the court dismissal or a letter of no file, try taking that to your local DMV branch and see if he can get a restriction or critical needs license. You should also call attorneys in your are who specialize in DMV. You may have hope but not by calling DMV yourself, as you well know.
David Allen BrooksCriminal Defense AttorneyEl Dorado Hills, CA ·
There are a few lawyers who do a lot of Administrative law at DMV and they might be able to help navigate those rocky shoals.
One possibility tis to take care of what DMV wants to see, which is probably the second offender driving school. Once enrolled, that might increase the chance of at least getting a restricted CDL.
Matthew MurilloEstate Planning AttorneyRedlands, CA ·
DMV and Court are totally separate processes. So, even if case is dropped in Court, it does nothing for DMV unless there is a finding of factual innocence as the reason for the Court dismissal.
If he lost the DMV hearing or failed to request one, DMV's decision will remain. The only other avenue to take that MIGHT apply, which your attorney should know about, is requesting a "renewed" hearing under VC 13353.2(e). Check with the attorney to see if your son qualifies. Its likely he does if your son is over 21 now, and this was not a refusal allegation.
You only have 94 days to appeal a DMV decision. However you can request a new hearing within one year, If the court charges are dismissed or not filed. There is a special DMV form for that. Form DS702. Look for lawyers on that do a lot of DMD hearings. Look at their profile and it should show that they have been a speaker at seminars speaking about DMV.
If your son was on DUI probation and during that probation period, was stopped and arrested for an alcohol related DUI where the PAS reading was .01 or higher and the ranger/officer took his license and gave him a pink temporary license, then regardless of what happened in court, DMV will proceed with an administrative suspension for being a .01 or higher while on probation. If a hearing was not set within 10 days, then automatic 1 year suspension. If a hearing was set and couldn't show that BAC was less than .01, then 1 year suspension. DMV does not care other than whether the individual was driving, if so, BAC per PAS .01 or higher, and lawful arrest.
First things first. Get as much written info as you can about son's cases. Fort starters, I'd want to see the court dockets on both cases and a current dmv record print-out. Arrest reports and any correspondence from dmv would be helpful as well. DMV will say they are just following the law---you and your son need an advocate to use that very law (if available) in your son's favor.
