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I was convicted in 2007 for 23152 (DUI) & court ordered 90 Day DUI Program. Since it's been 7 yrs, can I get Court to rescind?

Walnut Creek, CA |

Found guilty in Contra Costa Co, Walnut Creek (now Martinez) on 7/25/2007. Have not been driving since and would like to drive again. All fees and fines paid for and have a current SR-22 on file.

For clarity, I would like to know if I can avoid attending the Program but DMV told me that the Court would have to be the decision thus, is it doable?

Attorney Answers 5


  1. No. That was part of the agreement. You wouldn't like it for the court to come back years later and say "I know we agreed to this, but we changed our mind. We really want you to do more stuff."

    If you were ordered to do the program, it was part of your probation. This means you now have a probation violation and the court can now do away with the previous terms and increase punishment since you breached the "contract".

    Additionally, if it was a DUI program (not rehab), dmv will require you complete it before they will issue a license to you.

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  2. The alcohol school? Is that the program your speaking of? Even if the court rescinds, you still have to complete it for DMV, so no.

    I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. If your case is in California or Washington, you can call me for specific legal advice on your case free of charge. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.


  3. No, you have to suck it up and do the DMV program. Even if the court 'rescinded' and didn't order it (which they most assuredly would not do), the DMV will still require completion of this on their own before you can get your license back.


  4. DMV will not reissue your license until you complete the program.

    This answer does not constitute legal advice and does not create an attorney-client relationship.


  5. I can't think of a reason why the court would remove the requirement that you complete a 3-month DUI Class. Ignoring the requirement for 7 years is not a compelling reason.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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