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I am awaiting a court hearing for a DUI in California. I am a Nanny and drive my kids to and from school.

Los Angeles, CA |

I am currently working as a nanny. I was wondering in California how a restricted license would work for me. I am required to drive my kids to and from school as part of my job description. If I obtain a restricted license would driving them be considered "driving during work" or will it not be possible at all for me to have them in the car? Thank you so much in advance for any help you can provide!

Attorney Answers 5

Posted

Most certainly if this is your work then driving to and from work or during the course of work would seem to apply to taking the children to their school and anywhere else that you need to transport them, such as parks, classes, etc. Remember though, you may also have a 30 suspended license before you are eligible for a restriction. As you are in LA, there may also be an IID requirement. Since you are using an employer's vehicle you may well have an exemption from this requirement.

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Asker

Posted

Thank you so much Mr. Woolsey for your speedy response! If I do not receive a tax stub from him. Do I need to ask him to start claiming me as an employee? This is my only job and there is proof of payment and what it is for, but he currently does not claim me. I use my own car for work about 70% of the time, hopefully an IID would not be required.

Jon William Woolsey

Jon William Woolsey

Posted

You do not need to have a tax stub or other proof...best that you simply have a letter from him stating that you are employed as a Nanny to care for, transport and otherwise assist him in the everyday chores for his kids

Asker

Posted

Thank you so much Jon. I feel a lot better knowing I do not have to impose on him that way. Thank you for all of your help! You have been extremely helpful with your responses! I have sought a lawyer for my case and am hoping he will be able to get me the best possible outcome.

Posted

First of all, did you request a DMV hearing within ten days of your DUI stop? If not, how long ago was the stop?

If you are regularly employed as a nanny, you will be able to continue driving within your work duties. Are you privately employed or is it through an agency? As the other attorney pointed out, there is now an additional requirement that your vehicle be fitted with an ignition interlock device you must breathe into to start the car (it won't start with any measurable amount of alcohol in your system). If you are driving your own vehicle for work, you will have to install it. If you are driving your employer's vehicle, you may be able to secure an exemption.

All in all, a DUI these days has a great impact on your life and work. You must be sure you are aware of all the consequences and should consider legal representation to get the best possible resolution.

Feel free to call me if you wish more information. The call is free.

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Asker

Posted

Thank you so much for your response Mr. Fraser! The DUI stop happened this weekend. I am privately employed as a nanny, but am not claimed as an employer by him.

Asker

Posted

employee*

Neil James Fraser

Neil James Fraser

Posted

Give me a call at 213-324-4206. There are some things you need to take care of immediately. Don't worry - there's no charge for calling me!

Asker

Posted

Thanks Neil for your responses! You were very helpful. I sought out a lawyer in the area where my DUI took place. I appreciate your help.

Neil James Fraser

Neil James Fraser

Posted

My pleasure. I hope everything turns out well for you. Take care.

Posted

You may be confusing terms here. When you say you are having a "court hearing" do you mean that you are having a DMV hearing? If so, then it sounds like you requested that hearing within 10 days.

Secondly, you will also have criminal charges filed most likely. In any event you should hire a lawyer to help you, there are many avenues that can help keep your license. If you try to handle this on your own, you will most certainly bumble it.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Posted

Thank you Mr. Bogan I have sought out a lawyer.

Posted

If you are speaking of the DMV restrictions, it is to, from and within the scope of employment. As your post suggests, the driving appears to be within the course and scope of your employment.

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Asker

Posted

Thank you for your help Mr. Iocona. I wasn't sure because I am privately employed and did not know if there would be something imposed against me in regards to having children in the car.

Peter Francis Iocona

Peter Francis Iocona

Posted

There shouldn't be so long as it is work-related and you haven't consumed any alcohol while driving the children, of course.

Peter Francis Iocona

Peter Francis Iocona

Posted

There shouldn't be so long as it is work-related and you haven't consumed any alcohol while driving the children, of course.

Peter Francis Iocona

Peter Francis Iocona

Posted

There shouldn't be so long as it is work-related and you haven't consumed any alcohol while driving the children, of course.

Peter Francis Iocona

Peter Francis Iocona

Posted

There shouldn't be so long as it is work-related and you haven't consumed any alcohol while driving the children, of course.

Peter Francis Iocona

Peter Francis Iocona

Posted

There shouldn't be so long as it is work-related and you haven't consumed any alcohol while driving the children, of course.

Posted

This is just an opinion, so please don't rely on it as if it is a definitive answer. If it is within your job duties and the kids are in the car and you can prove its your work, you should be fine. But keep in mind police officers sometimes aren't very nice. If they think you are lying or this is outside the scope of work, then you could pick up a new case. If it were me, id have a letter from my employer in my glove box at all times. Call with questions. Im in L.A>

Brian Michaels
www.socalcrimdefense.com
310-991-9179

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