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Is it possible to obtain a restricted license? DUI received at 17, one month before 18th birthday.
Anonymous5 views7 answers
date May 27th,2014 i received a DUI (BAC .13). that night i got the revocation form from the officer and called the DMV the following day. after the 30 days of the temporary license, i stopped driving. just recently i got a letter in the mail from the dmv stating that my license suspension is from september 10th 2014, to 2015.... i already havent been driving for 7 months?! is there any way possible to get a restricted license at this point? i had made the attempt in court with medical records and all documentation of full time work and school hours and the appraisal was declined,
The DMV will suspend your license for a full year because you are under 21. A judge *might* and that's a big *might* grant a "critical need" petition if you and better yet your lawyer can make a strong case for the "critical need" to drive. You need to retain an experienced criminal defense attorney at once. Since you're a minor, your parents will need to accompany you to court.
I will defer to Mr. Finnecy as he is licensed in California, but I would say it is extremely unlikely that you be allowed to drive with a DWI before you are even 18. In NY, your license would've been revoked until the age of 21.
You should Petition with Court for Critical needs license and file a Petition for Critical Needs license with DMV Mandatory Actions Unit in Sacramento. You will need an attorney to do this properly.
It is possible. Under Vehicle Code § 13202.5(c) (in the case of a person under 21), a California driver’s license holder can petition the DMV to issue a restricted license in lieu of suspension based on a “critical need” to drive. This restricted license can be based upon school, medical need, or employment.
Just because the restricted license is available does not mean that it will be granted to you. The decision to grant the license is extremely fact-dependent. The DMV may take into account your access to public transportation, the availability of licensed drivers in your home, your work schedule, etc. Although you may fill out and present the petition yourself, an experienced attorney may provide you with more insight.
It's a 1 year suspension. You can petition for a critical needs license. This will require a very good local DUI attorney. Schedule a couple of free consultations and pick the attorney you like, trust and can afford. Good luck. Hope this helps?
All you need to do is obtain a critical need application from the DMV fill it out and submit it if the DMV agrees with you the public transportation will Not do the job they will grant the restricted license
