My family member lives in CA with me but we are from NJ, my relative does NOT drive at all in CA. Family provides transportation, so a CA DL was never obtained. My family member recently had a seizure at home here in CA and paramedics came. Later ...
Doctors in California have a mandatory duty to report medical conditions to DMV that can impair a person's ability to safely operate a motor vehicle. That's what happened here. While your family member has no "driver license", the DMV doesn't have to wait until that happens to suspend the "driving privilege" should he or she every apply for a license in the future. DMV creates a record now, and notates it, in case a license is applied for in the future.
As a placeholder to a driver license number (which is usually a letter from A-F followed by 7 digits), the DMV instead creates an "X number", which is the letter "X" followed by 7 digits. It will be replaced by an actual driver license number should your family member apply for one in the future, and all notations previously made on the X number file will be transferred to the new driver license.
The bigger concern is that California and New Jersey belong to the DMV Interstate Compact. (This may be what you are referring to as "NDR.") This means they share driving records. That also means that if California suspends a person's *privilege* to drive, it is supposed to be honored by the other member states. That means if California suspends, New Jersey *should* do so as well until such suspension is lifted.
However, I have personally noticed that because each DMV has their own computerized records containing their own codes, that frequently the records are not accurately "read" and interpreted by other states. Consequently, many clients have told me that their home states didn't "pick up" the action California took on their driving privilege.
Now, that is no guarantee as to what New Jersey will do (they could catch it and suspend your family member's license), but it is possible they will not. He or she will have to check with New Jersey DMV about that. One thing in their favor is that this particular type of action by California DMV (a "medical re=examination") is a very peculiar type of action (as compared to, say, a DUI) and is handled differently by each state.
Because this DMV action could follow your family member forever in California DMV's records, I think it is best that he or she request a hearing from DMV to challenge the DMV's action now. It is a time-sensitive matter and a request should be made immediately. The DMV will then require the doctor to fill out some forms indicating the person's ability to safely operate a motor vehicle. (Assuming the doctor is willing to say that.) The person can present that documentation (and others in support) to convince the DMV to lift the suspension on the person's driving privilege.
For more information, see cjmdefense.com.See question
I got one DUI and then the second one while I was on probation for the first. They were obtained in different counties. My probation periods have already passed, all of my fines are paid, jail time served, classes completed, etc. My concern is ...
Once probation has ended, they cannot go back and violate your probation, since they never revoked it while probation was active. It really doesn't matter which one your "expunge" first. They are going to run your rap sheet and see the 2nd DUI, even if you expunge it first. (By the way, it's technically a "dismissal" under Penal Code 1203.4. There is no true "expungement" in the State of California.) You will need to show that it is "in the interest of justice" because they are DUI cases, but also the argument can be made on the first DUI that you didn't satisfy the terms of probation "for the entire period" because you picked up the second. It doesn't require that they ever violated you for it. The "interests of justice" can be that you want to get a job, or go back to school, etc. I recommend hiring a good local attorney who is familiar with your courts.See question
I had a DUI with a prior charge. The DA dismissed the prior and I was able to plead to a regular DUI. I received the 3 month program from the court. I did get a letter from the DMV stating my license was suspended for a year. Will the DM...
You'll need the multiple offender 18 month program. I disagree with those that say you can get an Ignition Interlock Device restricted license after 3 months suspension. (This restriction means that if you install an IID, get proof of enrollment in a program on file with DMV, get an SR22 proof of insurance on file with DMV, and pay $170 reissuance and IID restriction fee, you can drive anywhere for what would have been the balance of the suspension after 90 days suspension.) The IID restriction for multiple offenders requires a 2nd "conviction", not a second APS action under the statute. It is a drafting error, because it puts you in a worse position in terms of getting your license back, than you would be if you had gotten a 2nd time DUI conviction. I have heard of anecdotal evidence of persons getting DMV to do it, but you are supposed to be suspended the full 12 months according to the statute.See question
I have read on numerous legal advice sites that there is almost a 100% conviction rate at this level of BAC and, objectively, I was definitely in the wrong. I should NOT have been driving and was definitely a risk. What would be the TRUE advantage...
Hiring an experienced local DUI attorney helps ensure you get the best resolution possible. You don't have to go to court and they can guide you through the court and DMV process, even if the case cannot be won. Having said that, there are plenty of cases where seemingly "unwinnable" DUI cases with high BACs have been won. You never know until you get a good attorney to see if you can. I had a client who got a second DUI and was kicking himself for not fighting the first, which was a winnable case. That piece of mind knowing you got the best outcome is worth the cost. A lifetime of regret is worse.See question
I was arrested for a DUI and was scheduled for arraignment at the Van Nuys courthouse on 7/1/14/15. I showed up but my case had not yet been filed and as such I received a proof appearance. I have not yet received any letters from the DA but I wan...
If you don't want to contact the DA's office, then check with the police department and make sure they have your correct address in the report. They can also tell you if the report has been forwarded already to the DA's office. If it has been forwarded with the correct address, then you are ok. If not, and it's been forwarded, you'll have to contact the DA's office to give them the correct address. I don't see any reason why you need to be discreet about this. If they have the report, they are either going to file a case, or they won't. I don't think you are going to alert them to a case they had forgotten about. The other option is just asking them if they filed the case. If so, ask them for the court date.See question
I had my first dui four years ago. I paid all my fines and attended and completed my classes. However I did not attend freeway cleanup. This was four years ago. I would like to get rid of this bench warrant and hopefully do freeway clean up and ...
Without a legal justification, this would constitute a probation violation. Without knowing all of the facts of your situation and why you didn't complete the cleanup work, it is impossible to know if you have a legal justification excusing your noncompliance. Assuming you don't, since you are on probation, a violation on a first DUI conviction carries a maximum sentence of 180 days in jail. You may have credits, but if you don't, that means up to 90 actual days of jail, with the rest credited as "good time/work time" credits. That is the maximum.
You may likely get less being that this not the most serious violation. You might not get any additional punishment, but instead just ordered to do what you were supposed to do. It is hard to say. It depends on the judge and how well an attorney can explain and justify your noncompliance and talk him or her out of additional punishment.
I would suggest getting an experienced local attorney who knows the judge (or judges) before whom your case will likely get sent. That attorney will know better what the judge is likely to do and how to get you through this violation as painlessly as possible.See question
When I was younger I made some bad choices. I have a misd. bench warrant in CA for not completing 2nd DUI probation. I now live in rural Idaho. After a rough start in life and battling alcoholism, my life is in order and Im a married proud parent...
The 1650 waiver packet is only for lifting DMV holds related to the failure to complete a DMV-approved alcohol program, (since such programs can only be done in California.)
The "failure to pay" ("FTP"), you refer to is something different. This usually occurs where the failure to pay fines for an infraction ("ticket") will lead to a DMV hold on your driving privilege, which CAN be remedied by just paying it. A 1650 waiver packet doesn't have anything to do with having an FTP.
If DMV tells you that you have a FTP, then that is for an infraction. If you failed to pay fines for your misdemeanor DUI case, the court will issue a warrant, but DMV doesn't take an action for that.
If you failed to complete a court-ordered DUI program, the court will issue a warrant for that, AND DMV will put a hold on your license. You need to get court permission to do an out-of-state program (which they will), by having an attorney appear and request it. You can't do that by mail.
That out-of-state equivalent will NOT satisfy DMV, though, so you WILL have to request that DMV send you a 1650 waiver packet, complete it and send it back. You won't have to do a DMV-approved program, and the hold will be lifted.
Note that you CANNOT drive in the State of California for 3 years though. You will also have to file an SR22 (proof of insurance and maintain the insurance for 3 years) and pay the reissuance fees.See question
I got arrested for DUI earlier this month. I was initially pulled over for one of my tail lights not responding to my signal (it is on though). The officer asked if I know why I got pulled over. I said no. He told me about my tail lights. He asked...
CHP cars are equipped with dashboard cameras referred to as "MVARS" (Mobile Video Audio Recording System). They capture video from 1 minute prior to their forward red lights being turned on, and audio from the moment the lights go on. If their was an issue with your tail lights or your driving, and you were driving in front of the CHP vehicle's camera, it should be evident from the video.
If there were no other reasons to stop you, you can challenge the legality of the traffic stop in court and get all the subsequently-obtained evidence thrown out.
As soon as you said you had anything to drink, you were going to be arrested no matter what happened.
If you are over 21 and not on DUI probation, you should refuse the pre-arrest Preliminary Alcohol Screening Device test.
The officer does not have to read you your Miranda Rights unless you are subjected to a custodial interrogation. Questions asked prior to your arrest are considered "investigatory" only and not a custodial interrogation requiring a reading of your rights. After you were arrested, officers typically don't ask any other incriminating questions, so Miranda isn't typically an issue in a DUI case.See question
will he do the whole 207 days?
Likely no. By law, when sentenced to country jail, absent special circumstances that you don't mention here, he will serve no more than 50% of that time. Depending on the county, he could do much less due to overcrowding, such as in LA County jail, where men are doing 10% or less sometimes.See question
a few nights ago a few friends and I were out on the town drinking. we were all in the car together heading home. The next thing I remember is the car flipping over and then I remember waking up in a hospital. I received some minor burns from the...
The friend who was driving could be in very serious trouble if it is proven that he or she drover under the influence and that as a direct result all of these people sustained such serious injuries. That person eneds a lawyer. As for your injuries, you should absolutely get a personal injury lawyer and have that attorney pursue a claim against the driver's insurance company.See question