DUI arrest over memorial day?
Jan. 7, 2015
IF you or a friend were cited/arrested for a DUI last weekend, then these are some of the important Things you need to know.
The issues presented by a DUI are confusing to the uninitiated and the same questions are asked 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. Do not confuse the two. The outcome of one does not affect the other.
If DMV later 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 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 normally the Awareness Program.
In order to save your Driver's License or driving privileges you (or better get 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. At the same time ask for a DMV printout of your driving record...that will cost you almost nothing. You will need to show this to 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 takes place 30 days after you receive 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 good until after the DMV hearing.
You should immediately take down your social media sites until the case is over. The DA's do not need to hire investigators anymore. They can go to your Facebook site or Google you and learn everything about you.
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 which is offered to 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!