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Please explain California Vehicle Code 13353.5. Can it be used to waive DUI refusal suspension requiermentsfor a non-resident?
Anonymous3 views2 answers
I had my right to drive in Californa suspendedfor 1 year by the CA DMV back in 2004 for a DUI stop BAC refusal. Pled guilty to a Wet Reckless and was ordered no alcohol classes or license suspension.My court case is all clear (fines paid,probation served). I was then and am now a resident of Washington and have only ever had a Washington license.
The California suspension period is long over (my attorney told me I didn't need to worry about it unless Washington acted upon the supension - they have not). I have never purchased SR-22 or paid California a "re-instatement" fee. I want to be done with this before WA does anything. Does a request to the CA DMV via VC 13353.5 waive the SR-22 and re-instatement requirements. Any reccomendations???
Given you were and still are an out of state resident you should qualify for an exemption. Call the DMV at this number (916) 657-6525. They should be able to assist you with the process. When you call explain you are applying for an exemption as an out of state resident. It has been our experience that DMV will mail you a form to complete and may request some type of proof that you are an out of state resident. Once this exemption is granted you will not be able to submit an application for a California license for three years. If you do attempt to obtain a California license within that time you will be required to complete the required classes, pay the reissue fee and submit the SR-22.
Hello again: Here's my respective follow-up responses to your question after my last posting to your intitial question:
Q. Any reccomendations???
A. Go to Washington DMV to confirm that no action has been taken and/or renew your Washington license. Feel free to order a copy of the print-out of your Washington driving record for your protection and determination if further steps need/should be taken here in California.
Consult with a Washington DUI attorney if there's a problem with your Washington license.
Q. Additional information
Q. Would my non-response to the CA DMV's notice of suspension 5 year ago have a negative effect?
A. No. It shouldn't.
Q. My lawyer said I didn't need to respond to their form letter or send in my Washington drivers license since California has no jurisdiction over it. Will my request now stir everything up and cause more problems?
A. Perhaps. That is why I suggest you do as indicated in answer above. Why stir a pot that's already settled and ready to be served?
