Does the mandatory action unit trump the local dmv?

Asked almost 4 years ago - Vallejo, CA

I was told ny the mandatory action unit that I needed to only do a 3 month program and the court also said I needed to complete a 3 month program. However, the local dmv said that I had a prior (when I was 19, I had a .02 wet and reckless conviction). The mandatory acion unit said that this did come up on my record but that their office does not interpret this as a prior.

Attorney answers (2)

  1. Kim C. Wollenberg Burgess

    Contributor Level 13

    Answered . Usually mandatory action's word is final. However, if you had a prior alcohol suspension, a second suspension, if accompanied by a DUI conviction would necessitate the 18 month 2nd offender program to get a restricted license. the court dictates the lenght of the class for the conviction but the DMV determines the lenght for licensing purposes.

    Without more informationI suspect you have to take the 18 month program, sorry.

  2. Judith Michael Fouladi

    Contributor Level 14

    Answered . Yep; the first attny's answer is correct. Even if the court ordered a first offender class, but the DMV has a record of a prior conviction, you'll need to attend the 2nd offender program -- 18 mos. Otherwise the DMV will not reinstate your driving privilege. Good Luck & Best Regards.

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

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