A FOOL WHO DRINKS AND DRIVES IS STILL A FOOL
Jan. 25, 2015
Last week we discussed DUI's and education. With the holidays around the corner I want to continue as promised with information on what happens with DMV with a DUI arrest and then next week we will talk about the court. Herein are some of the important things CV Weekly readers need to know on this subject.
Though I am sometimes referred to as a criminal defense lawyer, I choose to not view my DUI clients as "criminals". I prefer to view them, and more importantly to treat, them as good, honest people that have found themselves in a scary and unfortunate situation and not treat them as criminals but maybe as "fools".
In my role as a DUI defense lawyer I look upon my job as protecting the Constitutional rights of every American who drinks and drives and thereafter gets arrested for Drunk Driving. I change "hats" when as a lawyer I sue for damages on behalf of someone injured by a drunk driver.
Don't be a fool over and over. If you drink and drive you are clearly a fool. If you then don't know what you should do when you are stopped you are a fool again. IF you hire an attorney from out of town, that too is foolish, as they do not know the local DMV Hearing Officers, the DA's and the Judges. Likewise if you do not take down your social media you are being foolish because you are providing the investigators with all the information they would need to learn about you and your drinking issues.
The issues presented by a DUI are confusing to the uninitiated and the same questions are asked of me over and over again even though I write on this topic often and explain these facts to potential and actual clients. Most people do not realize an arrest for a DUI kicks in two separate proceedings. One is the court and the other is DMV. You must not confuse the two. The outcome of one does not affect the other.
My readers must understand that if DMV suspends your license it is for a 4 month period. After 30 days of a license suspension you can apply for a Restricted License. To get that license back you must have your insurance person file an SR 22, pay a reissuance fee and show proof of enrollment in a DUI class. In the CV the class is the Awareness or Alert Program.
In order to save your Driver's License or driving privileges you (or better yet your attorney) must request a DMV hearing within the 10 days of the arrest date. In addition you should request a DMV Identification Card since your physical driver's license was taken during the STOP And SNATCH when they confiscated your license. When you go to DMV ask for a printout of your driving record...that will cost you almost nothing. You will need to show this to the Riverside County Drinking Driving Program if/when you are ordered to attend a DUI class.
It is well-known by the legal community that DMV is not always as organized as one would expect. Do not rely on a telephone call alone to them requesting the hearing within 10 days. DMV employees will say you will be contacted later but that often does not happen and then it is too late and they claim there is no record of your requesting a hearing. When we request a hearing for you we ask for a STAY which freezes the suspension that would take place 30 days after you received the citation/arrest. We follow that up with a letter to DMV memorializing our requests. After requesting the stay you will receive a white Temporary License that is good until after the DMV hearing.
Remember the 10 day time limit to request a hearing starts from the date of the issuance of the ticket/arrest that is listed on the Pink Order of Suspension/Temporary Driver's License Endorsement which is the administrative per se form. The DMV hearing is an administrative per se hearing which means in essence you are presumed guilty unless you can prove the contrary. The PINK temporary license is good for 30 days unless you request a stay/freeze.
On most cases the court or DMV will order you into a Drinking Driving Program and you will have to show them your California ID card................so get it NOW! I always preach that People Don't Plan to Fail, They Fail to Plan. Hopefully this article will allow you to intelligently do so.
If you were arrested or were the victim of a drunk driving accident, please feel free to call me personally for a free consultation over the phone or in person for all my Coachella Valley Weekly readers. Just mention this column.
The bottom line is
DON'T DRINK AND DRIVE, CALL A TAXI.........IT IS A LOT CHEAPER THAN HIRING ME!
Dale Gribow has been selected every year as a "TOP LAWYER" by Palm Springs LIFE, and is also AVVO PEER rated SUPERB by fellow attorneys. Gribow has been named Man of the Year 7 times by both The City of Hope and the City of Palm Desert.
For more than 30 years, Dale Gribow Attorney at Law has been committed to protecting client's civil and constitutional rights. Regardless of whether the matter concerns a Serious Accident, DUI, Business, Real Estate or Estate Planning issue every case is diligently handled with the utmost of respect and care. The Gribow firm offers clients decades of experience and success, thus making Gribow the attorney of choice for thousands of clients.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760-565-0533.