I need more information to really answer this accurately, but the DMV is ultimately responsible for re-instating your husband's license, not the court. If your husband's suspension is up/finished, he may be able to get his license reinstated by filing an SR-22 (proof of financial responsibilty) and paying a re-issue fee to the DMV. The court, however, is a separate issue. Did your husband have to present the court with proof of enrollment and/or completion of the class? If so, he may be in violation of his probation, which could mean there is an outstanding warrant for his arrest. If so, he will need to consult an attorney to assist. Even if there is not a warrant, and I hope there isn't, your husband will at least need to go back to court and plead with the judge for a re-referral to the DUI school.
He needs to enroll in the 9 month class or else the DMV will not grant him a restricted license let alone reissue a valid one. You can look for another approved program that accepts a payment plan. You also need to get an extension from court to avoid a probation violation.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Unfortunately you will run up against another problem... when you do not enroll and complete a DUI class on time, the DMV suspends until the class is completed! Just when you thought it couldn't get any worse... If that doesn't happen then great, but if it does at least now you will know why. One suspension for .08; another suspension for the DUI; and at least one more suspension for failure to complete the class on time... even after the Court re-refers him back to the class. He will be re-referred and with your reasons there should not be extra punishment for violation of probation since he did not intentionally fail to enroll and complete the class. Sorry, it's a sad situation.
There is no time to waste. Immediately get into a program. It may require a financial hardship now, but putting it off only lengthens your husbands suspension and inability to drive a rig.
If a year has passed, then the DMV suspension time has expired and as far as the DMV is concerned, your husband will only need to provide proof of his SR22 and pay a reissue fee. The court however is what will be the hold-up. By waiting this long, there is likely to be a warrant for failure to enroll in the 9 month program, and that triggers a hold on the license. So your husband needs to add his case on calendar with the court and ask to get an extension to enroll in the class. Depending upon the judge, your husband may be given another chance with no probation violation but some judges can be tough and will ask why he waited a year before coming back to court. I wish your husband well!
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