IIf i dont do the classes how long do i havta wait intell i can get my dl back
5 attorney answers
Failing to do the 18 month class is a violation of probation. You can't escape the requirement through the passage of time. If willfully disobeyed the court order, that's a violation of probation. If the court found out about your failure to do the class while you were still on probation, then you very well may have a warrant for violating probation. Violating probation means the court can sentence you to the maximum that you could have been sentenced for the conviction, minus the time you have already served.
If the court did not find out about your failure during the period of probation, then the court lost jurisdiction over you. That means they can't re-refer you to the 18 month class. The only way for you to sign up for the 18 month class is to go to the DMV and get a certain form that will permit you to enroll in the 18 month class. The form is called an H-6. You can enroll in the class with an H-6 alone.
Driving with your license suspended for a DUI is a crime that carries with it 10 days county jail minimum, 6 months county jail maximum plus other penalties for the first offense. The second offense shoots up to 30 days minimum, 1 year maximum, and other penalties. These rules apply even if you never had a license in the first place. An attorney can investigate this case for you and set your case on the court calendar if it is still possible to do so. The attorney can represent you on your request to be re-referred to the DUI program as well as defend you against the violation of probation. If my answer has helped you or is the best answer then please mark it as such. Thanks.
Response of Renee Yvonne Gardner, California attorney under Avvo term of use 4. "no formation of an attorney-client relationship." This is not a solicitation for clients, it's only a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, is not protected by the attorney-client privilege and does not create a right to continuing communication with her. She does not endorse attorneys whose advertisements appear on this website, including those appearing as "Similar lawyers" and/or "Sponsored Listings". Her explicit endorsements for a particular attorney on this website are not a guarantee of their results.
There is also a strong possibility you have a warrant out for your arrest for a probation violation by. It compmeting your program. You will need to see a judge for a referral into the program and to recall the warrant. If you want to avoid going to court hire a lawyer in your area.
You'll have to complete the 18 month program. There is no statute of limitations here.
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.
Statue of Limitations has nothing do with failing to complete the class. In order to get licensed again in CA, you will need to complete the entire 18-month class. It's all up to the DMV, but I suspect that's what they'll say.
San Diego County Criminal Defense. 20+ years experience. Put my experience to work for you!