I live in Ventura, CA and I havn't been driving since my conviction two years ago. I went to the DMV to get my license today and the IID still shows up on the lady's screen. What should I do about this?
It depends. If you were convicted in Ventura County of a 2nd DUI without a refusal and without a simultaneous conviction for driving on a suspended license because of the prior DUI conviction, then you don't need one.
You should have been given a 2 year suspension and, should you choose to sit out the 2 years, then with proof of completion of the SB38 (18 month, multiple offender) program, SR22 (proof of insurance) and payment of the $125 license reissuance fees, then you are eligible to get a full unrestricted license.
The answer changes if you were convicted in a "Pilot Program" County (LA, Sacramento, Alameda, or Tulare), regardless of where you live now. If convicted in those counties, you would need an IID on for 1 year. The answer is different if you also got convicted of Vehicle Code 14601.2 (Driving With a Suspended License Due to a Prior DUI Conviction), in which case you would need the IID on for 1 year.
Technically I am on a zero tolerance condition can I get in trouble from the print out being sent into the dmv if they see I drove with a .013 even if I passed the IID test? I am wondering if there will be any consequences. Thank you for your help!!
Yes you can get in trouble. Anything over 01% can trigger DMV to take an action that could lead to a 1 year non-restrictable suspension of your driving privilege. If the police took your license and served you with the pink-colored temporary license sheet of paper, they likely checked off the box that says ".01% or higher while on DUI probation." If that is the case, then you have to call DMV within 10 days of your citation to request a DMV hearing to fight it.
The result is low enough, though, that with a skilled attorney and an expert witness, you can show that the machine's range of tolerance or measured error, exceeds =/- .004, therefore, it is just as likely you were below .01% as you were above. Also, a good attorney will obtain the usage, maintenance and accuracy check logs to see if the machine was "reading high" thus giving you another way to dispute the machine's accuracy.
You likely received a citation for Vehicle Code 23154 violation, which is an infraction for having a BAL in excess of .01% while on DUI probation. While that's only a fine and an infraction, the court can violate your DUI probation because it's a term of your probation not to drive with a .01% or higher BAL, and a conviction for the infraction will absolutely lead the DMV to suspend your driving privilege for one year. In other words, you'll needs to beat both the court case and the DMV hearing to avoid a 1 year non-restrictable license suspension.
Consult with an experienced DUI attorney in your area right away.
I was busted sleeping in my car. The officer said he first noticed my car at 110AM and I gave breath at 307AM and 310AM. The first was .081 and the second was .085. Does the fact that my BAC rose provide for a rising BAC defense. Also, after readi...
The minute differences in the third digit unfortunately won't by themselves be the best way to establish a rising blood alcohol defense. The third digit is frequently truncated or eliminated because the devices are generally accurate only to a +/- .005% anyway. The better way to establish it is through the use of a drinking pattern. Unfortunately, the 2 hour (at least) break between when you were noticed at 1:10 am and when you blew at 3:07 am makes it a little more difficult to say you were still rising. Still possible, but difficult. This is assuming you weren't drinking after 1:10 am.
The 3 hour issue concerns the presumption on Vehicle Code 23152 that your blood alcohol level at the time of the test was would be presume to be your BAL at the time of driving so long as driving can be established to have occurred within 3 hours prior to the test. That may not be possible without an admission on your part or some other circumstantial evidence the DA would have to prove that your were driving after 12:07 am. I don't know how they'd prove you weren't sleeping since at least 12:07 am.
That is a defense a the DMV hearing, but it is not an absolute defense at trial. The DA could still prove your blood alcohol level was higher at some earlier point and that you were going down (a falling blood alcohol prosecution if you will), but they'd need some evidence as to when you stopped drinking to come up with some figures that aren't completely speculative. Don't be surprised, though, the crime lab monkeys will say anything at trial!
The other problem is that the DA doesn't have to prove you were .08% or higher to convict you. A prosecution under V.C. 23152(a) requires only proof you were impaired to an appreciable degree by alcohol. Legally, you could get convicted at a BAL as low as .05%. So you're not out of the woods yet.
You definitely have a good case, though, with the no driving and rising BAL defense. With such a low BAL, you'll also have the possibility of a reduced charge of a "wet reckless". You'll need a skilled and experienced DUI attorney familiar with that court. I suggest reading some reviews and making some calls right away. Don't forget: you have only 10 days to contact the DMV from your arrest to schedule a DMV hearing.
After a basketball game at the staples center in downtown LA, I drove all the way to Chatsworth, CA to drop off my cousin before I went home. We had a couple of drinks at the game, so we decided to grab some dinner. As I was getting closer to home...
You always can and should defend yourself. The DA and judges have the system set to grind people up and spit them out in a way that makes their job easier with the least amount of work. You should not be grist for their mill! You need to hire and experienced DUI attorney who is familiar with that court to make sure you get the best results to which you are entitled.
The has some interesting issues that no one saw you driving--something that must be proven. There also may be an issue with what your blood alcohol was at the TIME OF DRIVING. The fact you might have been .12% at a later time, doesn't mean you couldn't be below the limit of .08% when you were driving. There is also some concern as to the validity of the results. The breath machine records (such as usage, maintenance and calibration records) must be obtained to see if there is a way to show the results are faulty and perhaps keep them out of evidence at trial or at the DMV.
Even if a case is difficult to win, you should always fight it. It will make sure you get the best results possible. There are many times when you'll find out the DA has problems with their own case you wouldn't have known about had you not fought it. You'll get better offers as well. This is particularly important in cases where there are prior convictions. The severity of punishment can vary GREATLY for those with and without attorneys.
I suggest doing some research and finding several good attorneys whose practice focuses on DUI and contact them immediately. You must make sure not to miss the 10-day deadline to call DMV to schedule your DMV hearing. Good luck.
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