i got a dui in cali last year and had to move out of state for my military husband rt after. took the AA classes for the court out of state and they said i had to waive my rt to drive in cali for 3 years if i wanted to get my license out of state. i told the person i was moving back before 3 years & they said I would just need to take the classes again in cali.well im moving back now for a job & dmv says i cant get my license for 6 months (w/ the completion of the classes). I already had a 6 month period i could not drive out of state, took 3 months after that for them to remove the hold on my license and i just got it back 4 months ago and now they want me to not drive again? its ridiculous.obviously i cant get a job without a license. actions dept does not care, can i go to court?
DMV actions are generally not reviewed by a court, unless you make a timely appeal from an order. Based on what you have described, you must enroll in the first conviction program, show proof of insurance and pay the reissue fee. After doing this, you should be eligible for a restricted license which would allow you to drive to and from work and court ordered programs.
I don't think you would have much success in court in this case. However, I do believe that you should only be suspended until you complete the class, which is typically three months. Also, you should be eligible for a restricted license after you enroll in the class. Good luck to you.
If you already served a 6 month hard suspension, then you should be able to get your full license back after completing the AB 541 course in California (assuming you were convicted of a 1st offense DUI). Unfortunately, although the courts often accept an out of state course equivalent to the one required as a term of your probation, the CA DMV will not accept the out of state course. Also, while you are enrolled in and attending the course, you are eligible to get a work & alcohol class restricted license.
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Except in very rare circumstances, the courts do not review administrative decisions by the DMV. As such, you should probably fulfill the terms set forth by the DMV (proof of insurance, and enroll in the First Conviction Program) and get your restricted license.
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