Second DUI conviction in court before 7-01-10, but DMV hearing was on 7-07-10. If DMV approves restricted license with IID.

Would I be able to get the IID only until the remainder of my 1 year suspension (June 23,2011) Or do I have to keep the IID for a determined length of time?

Los Angeles, CA -

Attorney Answers (3)

Aaron Reuben Bortel

Aaron Reuben Bortel

DUI / DWI Attorney - San Francisco, CA
Answered

Currently, DMV is only allowing a 2nd offense IID after three months of suspension if the arrest occurred after 7/1/10. A few attorneys have had success with writs to superior court, resulting in pre 7/1/10 2nd offense arrests getting the IID after 3 months of suspension.

The IID time is supposed to last for 2 years from when your suspension began. The question now is when does it begin. The pre 7/1/10 law said no IID until one full year of no driving, then you could get the IID for the next year. The new law is geared toward getting driver's back on the road sooner to reduce the number of uninsured motorists on the road. They finally figured out that people who are told they can't drive for a full year are ignoring that in order to make a living.

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George Fredrick Mueller

George Fredrick Mueller

DUI / DWI Attorney - San Diego, CA
Answered

ID should be issued to any California driver meeting the qualifications of the Vehicle Code regardless of when of the DUI offense or conviction. Unfortunately, you may not be able to benefit from the IID law at the present time because of the chronology you provide.

Orange County Superior Court Judge Fell ruled in November of 2010 that a license restriction with an IID should be issued to any California driver meeting the qualifications of the Vehicle Code regardless of when the date of the DUI offense or DUI conviction took place.

This Roach v. Valverde case (Number 10-394305) was filed by one of the leading California DUI & DMV attorneys, Chad Maddox. DMV blindly contended the new amendment to Vehicle Code section 13352(a)(3)applied only where the date of violation occurred after the 7/1/10 effective date.

Last week, a Marin County California Superior Court Judge reached a similar second offender DUI restriction result.

Isn't it time the DMV caught on? Public Safety would be improved with ignition interlock devices.

DMV's stubborn insistence means folks may drive around without devices which would otherwise prevent a vehicle from starting if the driver had alcohol on his breath!

It may take a courageous Judge imposing attorney fees under Government Code section 800 to get DMV to rethink their jaded position?

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Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA
Answered

If you plan to wait out the entire year you need to put on file with the DMV that you do not own or posses a vehicle to install an IID on. If you do not file the form with the DMV the time that you wait will not be counted. It is very important if you plan to wait out the year you take care of the filing procures with the DMV.
Robert Driessen
www.Driessen-Litigation.com

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