You are correct in that a couple of attorney's have successfully challenged DMV's position here. The result in those cases would mean their client's could get a work restricted license with and ignition interlock after three months of suspension, as long as they were also enrolled in a multiple offender DUI School.
You can file a writ on your own. The problem is the time and money involved, along with making sure it's done correctly. The filing fees are expensive. There are not a lot...
Usually a BAC under .08 results in DMV setting aside any suspension. Regarding what you need to say to get your license back, you should do a free consultation with a DUI lawyer. The consequences and costs if you don't handle this properly might be avoided with this consultation.
The officers should not have taken your license if you were under .08.
Feel free to call me to go over your case. I handle Bay Area DUI cases.
You or your lawyer can contact the mandatory actions unit at Sacramento DMV and let them know what school refuses to enroll you even though you are required to do so to get a restricted license. DMV has been known to contact Schools and let them know they are required to enroll you.
You can also check with other schools in other areas and see if they will enroll you.
Before you do anything, get a free consultation with a DUI lawyer who is familiar with the courts int he county of your arrest. You will not be able to start a work release program, but doing things like lots of AA meetings or getting a scram alcohol monitor on your ankle may lessen the potential penalty down the road. Some courts will go for Electronic Monitoring instead of Jail or work release, so you might be able to attend your on the job training.
For driving purposes, the law that...
Get back in court as soon as possible. Depending on the court, you can sometimes call to get on calendar or show up around 8 or 8:30AM to be added that day. See if you can make a payment or pay it off in full before you go in front of the Judge. If not, have a payment ready and a good excuse why you failed to pay. Most Judges will not violate your probation for failure to pay, but have a good reason. I would suggest you contact a DUI lawyer in the county where you have court, and get a...
A background check will usually show DUI convictions. Since the probation period is probably over, or when it ends, you should file paperwork to expunge the conviction. This may lessen the sting of the conviction when employers check your background.
An employer has almost unlimited discretion when hiring employees. If it is a government job, there are often guidelines they need to follow in the hiring process. If you want to look further into this issue, check with a good employment lawyer.
Sometimes you can use an H-6 printout from DMV to enroll. You will need to go get it in person and the cost is about $10.00. If you continue to have problems, you might try the Mandatory Unit of DMV in Sacramento and let them know the School is refusing to enroll you. They have been known to contact Schools and set them straight. The Schools usually claim they don't want to enroll you before a conviction because they don't know what length of School you will need to attend.
I would not advise calling the DA's office over an over. Every time you call you are reminding them that they have not filed the case yet. It is rare when a case slips through the cracks, and by calling over and over you are making sure yours does not. I have had DUI cases in the Bay Area not get filed, and you can bet I was not calling the DA to find out what was going on with the court date. You have been given a court date and should consult with a DUI lawyer who practices in the...
You should be able to get your unrestricted class C license back after you finish the class. You will also need to get an SR-22 and pay the DMV's re-issue fee. You must complete the one year suspension of the Class A license before you can get the Class A back.