I was told that if I did NOT want to get a restricted license then I would have my license suspended by the DMV for 4 months. However, I would be eligible for a license at the end of 4 months without taking the 3 month DUI class (AB541) or getting the SR22 insurance, or installing the interlock device in my car. Is this true? I plead no contest to a wet reckless and was given the 12 hour class by the court.
A wet does not hit the DMV, so DMV does not require any class or further license suspension for a conviction of wet reckless. DMV will require you to file the SR-22 though. Here are a few good SR-22 companies: Breath Easy Insurance, (949) 529-5062. John MacDonald Insurance: (949) 788-1020.
Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
You will need an SR 22.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
If you are going to sit out the 4 months and there is no DUI conviction, then you do not need to do the 3 month alcohol class (since the court is only requiring the 12 hour class), and you will not need to get an Interlock Device in your car.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
This also depends on what agreement your attorney had with the DA, and what the judge ordered. An interlock device is a tool you can use for a shorter suspension, but this is typically for a second DUI.
However, Mandatory 5-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare for convictions on or after July 1, 2010
Criminal Defense Attorney
I didn't READ your earlier questions but when a DA is willing to give a "wet reckless", it usually means they have problems proving their DUI case.
OSCAR E. TOSCANO
I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.