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Can the DMV supersede the court's orders?

Los Angeles, CA |

I was arrested for DUI, but the court only gave me a conditional sentence to 2 years probation, 9 month DUI school, MADD class, AA and other various fines but NO suspension. The DMV's administrative suspension only suspended it for 4 months - but then the DMV notified me is was in fact suspended for 2 years (2nd DUI in 10 years) and that I'd have to do an 18 month DUI class - beyond what the court ordered - and wait the 90 days before getting a restricted. Can they even do that?

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Attorney answers 6

Posted

The drivers license is administrated by the DMV and they don't need the court's permission to suspend, restrict or revoke a license. You should meet with an attorney who has DMV experience. Many such reputable attorneys offer a free consultation. I enourage you to meet with one soon.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Posted

Yes they can, the law requires it on a second within 10 years.

Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

Scott David Levy

Scott David Levy

Posted

I agree!

Posted

Yes, DMV can do so. It is not an "APS" action, it is through "Mandatory Actions". It is a collateral consequence of a DUI conviction. If you had an attorney, they should have advised you. If you didn't, that is a good reason why you should have had one. You may have missed out on viable defense.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Posted

State licensing agencies, including but not limited to DMV, exercise their powers pursuant to statute.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

DMV is a separate animal from the courts. Normally for first time DUIs, the DMV will suspend your license (1) just for being arrested for DUI and (2) being convicted of a DUI. What is the difference? When arrested the cop takes your license away, this initiates a 4 month license suspension. In your case your suspension was only for 4 months probably because it was only related to the arrest.

Then, once you go to court and plead out your case, and plead to a DUI conviction, the DMV will normally issue a FURTHER license suspension of about 6 more months. If you are convicted of a second time DUI, this further suspension is NOT only a mere 6 months, but they will increase to 1 year or in your case 2 years.

So, to sum up, the reason why they suspended it for four months at first was because you had not handled your case, when you resolved your case then the DMV has the right to increase the suspension. Again, as stated here, your lawyer should have advised you of this. This is not meant to be legal advice, I am not your lawyer.

Posted

No but you can use the DMV transcript to help you in court.

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