How do I get my license back?

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Almost a year ago in August I got my license suspended for underage DUI. A few days ago I got pulled over and got my car impounded for driving with a suspended license. I go to school and work and I'm the only driver in my family when my dad Is not around. Now I have a court date, but what may the outcomes be when I go? What do I expect when I go?

Attorney Answers

8
Hazellynne Espejo ·
The exact date you can get your license back will depend on several things, including when you were convicted (if you were) of the DUI, whether you did the DUI class, and other factors. Driving on a suspended license for a DUI can be punishable for up to 6 months in county jail. If you can get your license valid again, do it before the courtdate. Better yet, hire an experienced attorney to help you avoid jailtime. While not being able to drive affects your ability to go to school and work and help your family, the judge is not going to dismiss your case solely for those reasons. Judges recognize that not being able to drive is a hardship on everyone, but they are more concerned with ensuring people don't drive without valid licenses. Almost a year ago in August I got my license suspended for underage DUI. A few days ago I got pulled over and got my car impounded for driving with a suspended license. I go to school and work and I'm the only driver in my family when my dad Is not around. Now I have a court date, but what may the outcomes be when I go? What do I expect when I go?
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Jay Finnecy ·
Driving on a suspended license when the reason for the suspension is DUI, carries a 10 day jail minimum and a large fine if filed as a misdemeanor. Get yourself down to the DMV to ask about getting your license back. At a minimum an SR-22 will be required together with the $125 reissue fee. Have you completed the DUI class?
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Julia Simmons ·
After serving a 1 year suspension, get an SR22 and approximately 150 bucks and go get your license reinstated.
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David Kestenbaum ·
Since "almost a year" is not the same as a full year, you were suspended when pulled over and now face jail. Please check Vehicle code 14601.2 for the penalties. Your fact pattern may have convinced the DMV to grant you a CNL (Critical Need License) after your DUI, but too late now. You should retain an attorney now to appear for you on the new misdemeanor. You also don't state which underage DUI you were convicted of. It could have been the infraction VC 23140 if you were below .08%, in which case you are not on probation, or it could have been filed as a regular DUI and you are on probation. You should discuss this with the attorney who handled your DUI and is familiar with the facts.
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Dorinda Myers ·
As an underaged DUI it is a one-year mandatory license suspension. You can apply for a special needs license to drive to work and school if you meet DMV's requirements. You have to go through the DMV to apply. Not sure how the driving on a suspended license will affect that application process. Also, only a month or so to go, so not sure if it would be worth the effort or not. Check with the DMV and see how long the process takes. As to court, be sure to be represented by an attorney, whether privately retained or court appointed. Driving on a suspended license is almost as expensive in fines and fees as a DUI. Often if you can get your license the DA/court will look at either 1) reducing to an infraction, or 2) reducing to a VC 12500 (driving without a valid license), which is less expensive and carries no minim jail time. If you are charged with a VC 14601.2(a) it carries a minimum of 5 days jail time (that can be converted to work release). The court hears all the time the same song you are singing, and it will not go well for you to sing it before the judge. Bottom line is there is no excuse for breaking the law. Driving is a privilege and not a right in the U.S. and you lost that right due to your illegal behavior. That was a decision you made and now you have to pay the consequences. That means you walk, ride a bike, take the bus, ride share, cab it, uber it, etc. until you get a license--period. I can guarantee that if you continue down the path of driving anyway it can end very badly. I have seen way too many individuals get caught in the spiral of charge after charge for driving on a suspended license, because what can happen if you don't pay your fines and fees on time your license gets suspended (or your right to get it back gets further suspended) because of your failure to pay your fines and fees related to your DUI, driving on a suspended license. Each charge gets progressively more expensive. First driving on a suspended is about $2,000 and the next $3,000. Each one will subject you to a violation of probation (which you are likely looking at on top of your driving on a suspended, as you should still be on DUI probation. That means that you can be sentenced up to the balance of 6 months on the DUI as a result of your probation violation, on top of up to 6 months on the driving on a suspended license if your first charge) and additional potential jail time. Eventually, you will be unable to do your time via work release/community service and will have to due the time. If you are in jail you won't have to be concerned with driving to work and school. Also, I have seen folks who can't ever get their license back because they now have to come up with $10,000+ in outstanding fines and fees for their driving on suspended licenses and cannot find a way to pay it off in order to get their license, then they pick up another charge, then another..... Getting a driving on a suspended license after a DUI will now also subject you to having to pay for the installation and maintenance of an ignition interlock device (IID) on any car that you own or drive. Your best course of action is to have an attorney and ask for a continuance until August so that you can come back with a valid license. DA's and the judge want to see that happen and there should be an incentive for all to make that happen. It should also result in a reduced charge. Then you have to make sure that you make your regular payments on your court ordered fines and fees. if they go into collections your license will be suspended again until all fines and fees are paid. Contact the DMV as soon as possible to be clear exactly what you need to do to get your license back. Hopefully, it is just pay the reinstatement fee of $125 upon the expiration of the one year suspension period. However, you don't want to wait until then to verify that there is nothing else that has to be done.
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Donald Matson ·
If your case is going to Alhambra court, this is what you need to do. Hire a lawyer. This is always recommended. Two, make sure that lawyer is in Alhambra court frequently as they have gotten at least one new judge and she does things a bit differently than the older judges there. Three: you are most likely facing a 10 days mandatory jail term with a 3 year requirement for an ignition interlock device as punishment for 14601.2 driving on a suspended license because of a dui. In Alhambra court, you can postpone your arraignment by appearing in front of the judge as having your lawyer ask for time for you to get your license. Since you are two months away from the one year anniversary of your conviction date (I assume that's what you meant, but it could also mean you are just two months from your arrest/citation date), which means you are nearing the end of the one year suspension. Get the license, show up back in court and they most likely will give you a 12500 unlicensed driver as a misdemeanor and you thereby avoid jail time and the ignition interlock device. Bam! Stay out of jail and be allowed to drive. Typically all criminal defense lawyers provide free consultation so call around the San GabrielValley area for a lawyer who is always at that courthouse.
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