Can I petition the DMV's license suspension?
Is there any way to petition the DMV to reverse the license suspension? Or issue another restricted license? Is the only possible option to petition a writ of mandate?
7 attorney answers
These are great questions to pose to the attorney who represented you in court.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Unfortunately once you were convicted of a vehicle code section 23 153 either misdemeanor or felony you do get a one-year hard suspension no restriction is available
Mr. Fremont is correct. Once you pled to the 23153 you will suffer a one year hard suspended license and not have an opportunity for a restricted. It won't matter whether you ask the DMV nicely or not.
Once you enter a GUILTY plea several documents should have been given to you to initial and sign. A copy should have been given to you with sentencing. Sentencing documents will go over all penalties and court orders. Unfortunately, you have already enter a GUILTY plea. Best of luck to you!
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Unfortuantely, you missed your chance. After a DUI arrest, you can request a DMV hearing within 10 days from arrest to contest the suspension. If you fail to do so, your license is suspended if you refuse a chemical test or if your BAC was .08% or greater.
That action is completely separate from anything that happens in Court.
So, assuming you completed the 30 day hard and then pled guilty in Court, to the DUI, that conviction triggers another suspension (1 year for a first offense with injury). That's why your license was re-suspended. The time to fight it would have been before a plea. Not after. At this point, you are not eligible for a restricted license because of the injury. DMV does not take action relating to injury suspensions without a conviction. That's why you were able to get a restricted initially.
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if you were convicted of the DUI with Injury you can't restrict but if they knocked it down to a non injury Dui you can simply by visiting the DMV and paying a fee
A 23153 will lead to the 1 year hard suspension. This is a good question for your attorney on this matter. Good luck to you.