I was convicted in court of 2 wet reckless charges from incidents in December and February. I lost both of my DMV hearings and my 1st APS DMV suspension started in April. When will I be able to get my IID restricted linense? Is it 90 days after my 1st APS suspension or 90 days after my 2nd APS suspension. My attorney will not respond. A Writ is out of the question financially.
Based on the information you provided, DMV will make you do a 9 month DUI School for the 2nd Wet Reckless conviction when they get notice of the court conviction.
The IID should not be required based on your facts. The DMV suspension will be for one year and currently DMV is not allowing an IID license. You will not be allowed to get a restricted license until at least that year is over. If the second conviction was for 23152 (regular DUI) instead of a Wet Reckless, then you could get the IID after 3 months of suspension for the 2nd one. You would need to check with DMV for the exact date, but that is a moot point since the 2nd Wet conviction does not allow for the IID. This is terrible law, and is currently being challenged by attorney members of the California DUI Lawyers Association.
Unfortunately, the new law that allows for a restricted license for a 2nd DUi offender after 90 days upon getting an IID installed, is just for that..... If your second conviction was a DUI, then you would be eligible. The way the law is written, even though technically a wet reckless is a lesser charge than a DUI, it does not benefit from this law. That is currently being challenged, but at this point, that new law will not apply.
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