Can I get a ID device ( Breathalyzer in car ) installed and my new driving license even if it hasn't hit my record according to the D . M . V ? I have the court document saying I was convicted but the D . M . V says it hasn't hit my record yet still . What can I do about this ?
Administrative Law Lawyer
It'll get there don't worry. If not, then it is probably a paperwork glitch. You should contact your nearest Driver's Safety Office.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
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DUI / DWI Attorney
First of all, if the DUI was in LA, then it is one of four counties where IIDs are required even if it is a first offense DUI for 5 months if convicted of a DUI (VC 23152). If you had an experienced DUI attorney, he or she would have advised the outcome of the DMV admin hearing and if DMV determined that your license should be suspended. If your case was a first time DUI offense in LA, then you could have obtained a restricted CDL prior to any DUI conviction. After conviction for a first DUI and you have served a 30 day hard suspension, as long as you enrolled in a first offense DUI class, obtained a SR-22, obtained proof that you installed a IID, and paid the reinstatement fees to obtain a CDL, then you can get driving privileges to drive pursuant to conditions of your probation. If the court has not sent DMV an abstract of the conviction and terms thereof, that can create a problem. Most competent IID providers will check with DMV if you are eligible to drive if it is installed. If DMV has not received an abstract relating to the conviction, contact the attorney or public defender who helped you with your case to contact the court to make sure the information was transmitted to DMV. If you did not have an attorney, contact the court if it has been more than 5 days since the conviction to find out if the conviction information was sent to DMV. Good Luck!
Criminal Defense Attorney
This is sort of the classic "playing for the fumble" situation. Naturally, you hope it never shows up. But "never" is a long time and it probably will show up. That said, there's really no reason to prod the process and wake up that otherwise sleeping dog. The time it takes for DMV to receive your court docs may vary among jurisdictions; some are within a couple weeks, some much longer.
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