I was convicted of a DUI in June 2013. I mailed in my proof of iid installation, proof of enrollment in class, an sr-22 and paid fees in August. I have everything dated August 7th and have proof I mailed it. The dmv claims they did not receive my paperwork but they did in fact cash my check. My 5 month term is up in Jan 14. Can I petition the court to have this restriction removed. The dmv lost my paperwork and now they are saying my time doesn't start until November so I am forced to keep it for an additional 4 months. I am totally getting the runaround. All my documentation says august 7th. My lawyer made me go into the dmv to sort it out and all they did was take in the paperwork as of November and ignored the fact that I had already sent it in.
Criminal Defense Attorney
You may consider appealing to the DMV before you move onto the court. I recommend contacting the DMV in Sacramento to work this out. Sacramento can over ride whatever is going on in the local office. I wish you the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Criminal Defense Attorney
Go to your bank and get two photocopies of the front and back of the cashed check to the DMV. You may be able to do this online. Take in your cashed check from August to the DMV. That is proof of when your five months started. Also take in the proof of IID installation.
If you feel like you are again getting the run-around, ask for the Sacramento address and phone number of the person in charge of the local DMV office on IID installation issues. At that point, you might want to retain an attorney to write an letter on you behalf concerning the issue. Be prepared for delays, however, as the DMV is often very, very slow.
You can ask the court for help, but the DMV is not going to listen to the court usually, as the DMV (not the court) has exclusive jurisdiction over driver's license issues except in a few situations.
You should let your lawyer know what is happening, he/she should be able to help you with the problems at the DMV. If not, you may try calling "mandatory actions" in Sacramento and letting them know what has happened and ask them how to "fix" it.
Personal Injury Lawyer
Talk to the Sacramento DMV. You should strongly consider getting an attorney that handles DMV issues. Make sure you provide the proof of the check being cashed.
If the criminal court required the IID as part of a condition of probation, then you've fulfilled it. The court will likely want proof from DMV, so either way you're back to dealing with DMV.