I have lived in CA all my life. In October 2018 the DMV put a dui conviction on my record. In 2011 I was cited for a dui in PA. I was never convicted and all chargers were dismissed. I sent all the proof to CA DMV, & their response was laughable. They state that 1, I paid a fine so I must be convicted, & 2, the dismissal of charges is not acceptable and I need the court to vacate the DUI. The court stated there is nothing to vacate as there is no dui. The DMV wants me to do dui classes, can I sue them in small claims to pay for the classes?
You might want to contact a local DUI defense attorney, assuming the facts are as you represent you should be successful filing a writ of mandamous which would order the DMV to remove the DUI from your driving record and drop the DUI school requirement and possibly result in the DMV paying your legal fees and costs.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
I represented clients many times in a similar situation. Eventually I got an order that applies to all California drivers that should have prevented this. It sounds like they may have violated the court order. If so, getting a lawyer to help here could result in getting rid of the school requirement and dmv paying your attorney fees and monetary sanctions.
This does not form an attorney-client relationship. I require a written agreement before I begin work on any case.
You can't sue in small claims. You need a writ attorney and they're few and far between. In addition, for a writ attorney, this will likely cost you between 3500-5000 so you have to honestly ask yourself if it's worth it because the alcohol class will cost far less.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
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