The person plea no contest to misdemeanor vehicular manslaughter and placed on probation, dmv send a letter to suspend his license but did not mention the length of the suspension. How long is the suspension last? And if he hire a counsel to representing him at the hearing, is it possible to reduce the length of the suspension or driving with a restricted license? He is thinking the whether or not to go to the hearing, because the dmv hearing is almost impossible to win.
If convicted of vehicular manslaughter, the license will be suspended for 3 years. Vehicle Code 13351 VC – Required revocation; conviction of vehicular manslaughter. (“(a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses: (1) Manslaughter resulting from the operation of a motor vehicle, except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code. . . . (b) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of three years after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility, as defined in Section 16430.”).
You should always consult with an experienced attorney. Most will offer free consultation.
It is not a suspension but a 3 rear license revocation. At the DMV hearing, you need to show that you did not cause the death. Evidence that the other driver was violating provisions of the vehicle code and was a superseding cause in the death.
These are very difficult to win, but without an attorney, it will be a slam dunk for the DMV.
The letter of suspension or revocation should have the start date and duration. It is possible that you pled to a lesser offense with a 1 year revocation.
3 year license suspension. It is very hard to beat especially proving that you were not the cause of the death. You will need to hire a licensing attorney or you have virtually no chance of winning. Use the avvo find a lawyer app. and schedule FREE local consultations. Than pick the one you like, trust and can afford. Good luck to you. I hope this helps?
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