If your case is a first time DUI and you lose your DMV hearing there is a 30 day no drive period.. if you get enrolled in a DUI class (level one) within the 30 day period of time you will be eligible for a restricted license provided you obtain an SR-22 and pay a $125.00 reinstatement fee. If it is a first time offense you do not have to be concerned with Rehab for the court case or dmv. .. if you really think you need it for personal reasons then of course it would ultimately be helpful for...
The delay is a significant fact that certainly opens the door to a valid argument that your blood result is falsely elevated due to fermentation. To answer your question, yes you have a case. Because there are 2 counts against you however, the remaining facts are significant as well. To fully evaluate your case an attorney would need to know the driving pattern and conduct related facts as well. But the delay is a very significant starting point and in the right circumstances can be the...
Once your basic terms and conditions of probation have been completed ... ie.. paid fine, DUI school etc... then you can apply but whether or not you succeed is going to be largely dependent on the judge making the call and the presentation by your attorney. Take the time to investigate which local attorneys are well known and highly experienced in dealing with the judges in the court where your sentencing occurred.
your inquiry here is under criminal defense.. you need a civil rights lawyer to deal with this issue. you can likely find a civil rights lawyer near you willing to spend a little time with you discussing your case without having to pay an initial consultation fee.
What your being told does not make sense... If you've completed the DUI program then there should not be an IID requirement unless there was some separate requirement as part of your probation.. What county were you convicted in? What are they saying you failed to enroll in.. 18 mo program?
Its possible... how its done... whether it can be done... whether an attempt should even be made to get it done are all questions that have to be considered. Whether or not you need a local attorney vs. someone out of the area is largely dependent on how realistic it is that a dismissal can be accomplished. If you sincerely believe that the case is such that the prosecution may not file or may walk away after already having made a filing decision you should consider a local attorney. If you...
Generally the other attorneys are correct however you should contact the California Department of Motor Vehicles Mandatory Division to investigate whether you may be eligible for a license at some point in the near future based on lapse of time since conviction.
You need to give strong consideration to hiring an experienced and highly qualified DUI attorney. As you seem already aware this can present a real problem for your with CPS. You need to be proactive in this instance and seek out voluntary rehabilitation programs rather than having the Court and CPS dictate terms to you.
In order to be certain you should review the terms and conditions of your probation which should be set forth on your court papers. If you don't have a copy you can view the court file by going to the clerk's office. Generally a first DUI does not contain such a provision as total abstention but if you don't know then you should take a few minutes to verify before.
Assuming the facts you have stated are accurate and complete, the attorney has not filed a motion to suppress the client needs to demand he/she do so immediately. If there has not been such a motion filed and the attorney refuses to file it then you have recourse with the court under a case called People v Marsden.