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Does DMV force me to have IID, SR-22, Alc. classes and probation even after a dry reckless conviction from court?

Los Angeles, CA |

I know in a DUI case the DMV hearing effection is different than Court.
However if i get convicted as dry reckless driving in court does it mean i may have IID, SR-22 Alc. Classes and probation for a dry reckless driving conviction from DMV?

Attorney Answers 4

Posted

It all depends. If DMV through its administrative process suspended your license, then you will have a 4 month suspension. In order to get able to drive after the first 30 days of the suspension, you will need to enroll in an alcohol class, get and SR-22, and pay a license reinstatement fee regardless of whether your criminal case resulted in a dry recklass...unless you get a court finding of an acquittal of the VC 23152 (b) charge relating to driving with a blood alcohol level of .08 or higher, in which case DMV will set aside the suspension. If you have not resolved your case yet, you should consult an attorney in your area.

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Posted

The DMV does not require any of these things as a result of a reckless driving conviction, whether it be alcohol-related or not. There is one exception: If you have a prior DUI or alcohol-related reckless driving conviction in the previous ten years, it will require a 9-month school if the current reckless driving conviction is alcohol-related.

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6 comments

Asker

Posted

Thanks in advance, I have an open first DUI case, trying to get an attorney to help me. One attorney I talked to him told me he can to make it a dry reckless drive conviction. Then I heard sb else even I get convicted only as a dry wreckless driving in court, I still need to provide SR-22 as a DMV requirement, also probation becoz for DMV it is still reckless. Is this right or wrong? can u explain me more plz?

Asker

Posted

Thanks in advance, I have an open first DUI case, trying to get an attorney to help me. One attorney I talked to him told me he can to make it a dry reckless drive conviction. Then I heard sb else even I get convicted only as a dry wreckless driving in court, I still need to provide SR-22 as a DMV requirement, also probation becoz for DMV it is still reckless. Is this right or wrong? can u explain me more plz?

Paul Richard Burglin

Paul Richard Burglin

Posted

A reckless driving conviction does not trigger an sr22 requirement, but if you lose the DMV hearing you must.

Andrew Stephen Roberts

Andrew Stephen Roberts

Posted

Get your sr 22 before hearing. You will save significant money. Do not get it from your current insurance company.

Asker

Posted

Thnk you very much, but what happens after DMV hearing that I should get the SR-22? I already have my license suspended and not know the result of Blood test yet. I know potentially whatever is BAC (0.7 or higher) the DMV will suspend my DL and will ask for classes as well as SR-22. But what is the difference to get it sooner?

Andrew Stephen Roberts

Andrew Stephen Roberts

Posted

If you get SR 22 in advance it will help keep insurance rates down.

Posted

No, not on a dry reckless. Had it been a wet reckless, then yes. Also, only certain DUI offenders are required to install ignition interlock devices in their vehicles as a condition of receiving restricted driving privileges. For example, courts are given the discretion to order first time DUI offenders with a blood alcohol content (BAC) level of 0.15 or greater to install an IID. It is important to note, however, that the law does not make ignition interlock devices mandatory for first time offenders.

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Asker

Posted

Thanks in advance, I have an open first DUI case, trying to get an attorney to help me. One attorney I talked to him told me he can to make it a dry reckless drive conviction. Then I heard sb else even I get convicted only as a dry wreckless driving in court, I still need to provide SR-22 as a DMV requirement, also probation becoz for DMV it is still reckless. Is this right or wrong? can u explain me more plz?

Slavik Steve Leydiker

Slavik Steve Leydiker

Posted

There is nothing to explain. A conviction for a dry reckless does not trigger these requirements for a restricted license. If you're talking to an attorney who's making you promises, you better start talking to another attorney. No attorney can guarantee any outcome.

Jennifer Diem-Trang Le

Jennifer Diem-Trang Le

Posted

I agree with Mr. Leydiker in that no attorney can guarantee any outcome. The type of deal you will get is dependent on your blood alcohol level, your driving pattern, your statements, your performance during the investigation, the courthouse, and the prosecutor, to name a few factors. It is good to consult with different attorneys to get a better grasp on what to expect in court.

Posted

My guess is that you lost your license to the DMV for driving with a bac of .08% regardless of what happened in court otherwise DMV would not be involved..

If that is what happened then Yes... if you were suspended and IF you want a restricted license for work driving. SR22 and DUI class (3 month) required. No IID. Probation?? Maybe negligent operator suspension/"probation" if you've had too many points, but that is the only "probation" they have any authority over. If you were suspended (.08% BAC) then you either wait out the four month suspension or do the class... either way an SR22 is going to be required to reinstate your suspended license. g

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