IF YOU ARE ARRESTED:
DO YOURSELF A BIG FAVOR
DO NOT TALK TO ANYONE & CALL A LAWYER!
PART 4
Summary Probation ON A DUI:
RECENT LEGISLATION NOW SAYS , IF YOU ARE ON PROBATION FOR A DUI AND GET A NEW DUI WITH ANY ALCOHOL, THE DMV WILL TAKE YOUR LICENSE FOR A YEAR.
On a 1st offense DUI, there is 3 years of informal probation known as Summary Probation. You do not report to anyone.
On a 2nd DUI, the court now imposes 5 years of Summary Probation and requests that you install an Interlock Device. The device is also used on a third DUI. After a second offense DUI, you will receive notice from DMV in Sacramento that your license is suspended for 2 years. However, after 1 year of suspension, you can apply for a restricted license.
The Court, on the other hand, orders you to attend an 18 month drinking driving program and you would not be eligible to get a full-fledged license until you have completed that program.
If your vehicle is impounded, the current recovery cost is now around $140.00 on top of the storage costs.
In late 2010, the Courts in Indio imposed a “DO NOT TRAVEL WITHOUT PERMISSION”, if you are going to go out-of-state for about 40 days. You would have to get permission from the Probation Department.
Recently an ordinance was proposed that charges Misdemeanor Defendants in custody $142.00 per day or $52,000 per year. It is called RECORCE, (Require Every Convict Occupant to Reimburse the County). Thus, not only will you conceivably spend time in jail, but you will pay for it too. It targets Misdemeanor Defendants who have assets and jobs. It is needed to pay for housing, feeding, clothing, etc.
10 KEY SECRETS TO NAVIGATING DMV’S ROUGH WATERS AFTER A DUI
1. Contact a DUI lawyer ASAP pursuant to the pink piece of paper you received when they snatched your license. Your attorney has 10 days from the arrest (Stop and Snatch of your CDL) to request a DMV HEARING. If you do not do this within 10 days your license will be gone for 4-5 months depending on whether you request a restricted license or not. The Pink Piece of paper you received from the officer is a Temporary License that is good for 30 days. Your lawyer has to request a STAY OF YOUR LICENSE SUSPENSION when they call to request the hearing within the 10 day period or your CDL will be suspended for 4 months… or 5 months if you request a Restricted License.
2. GO TO DMV and request a DMV IDENTIFICATION CARD today. You will need it to get into a court or DMV ordered DUI CLASS.
3. A DUI arrest sets up two proceedings: a DMV hearing and a Court hearing.
The DMV hearing will be set about 6 weeks after your arrest and the first Court date will be two months or so after your arrest. Your lawyer cannot get an arrest report before the arraignment date unless it is sent to us shortly before the DMV hearing. However if you request your record from DMV a few weeks after your arrest, it will show how many points you have against you AND show the Breath reading from your arrest. This is invaluable to your attorney. If you took a Blood test wait about 6 weeks to request your DMV record as it takes some time to analyze.
4. Take Down your Social Media Sites until the case is over as it provides info for the DA that could be embarrassing or harmful to you and helpful to the DA.
5. If you enter a plea in court, even though the judge does not suspend your license, when the court notifies DMV in Sacramento of your plea or conviction, you will get a license suspension from Sacramento. IF your license was already suspended after a DMV hearing in San Bernardino, you can get your license back by paying a reissuance fee.
6. The DMV Hearing is a Per Se hearing and if you have a reading of .08 or more you are Per Se GUILTY in the eyes of DMV… and most DA’s. Your attorney has to knock out one of the three elements for you to win a DMV hearing. The DMV Hearing officer is both the Prosecutor and the Judge. They can conduct the hearing, even though they have not provided your attorney with a police report. They do this by using the one page DS 367 report the officer fills out at the scene……of course we object.
7. By Statute DMV is Black and White. The DMV Hearing officers have NO Authority to negotiate or extend courtesies because you do not have priors or are a good citizen. Most DMV hearings are arguments over evidence not facts.
8. If you lose the DMV hearing, after a 30 day license suspension you can file an SR22 (showing proof of auto insurance) along with proof of enrollment in DUI classes. You can then pay a reissuance fee to DMV. This will allow you to get a RESTRICTED CDL.
9. Do NOT volunteer your DUI arrest info to your auto insurance agent…unless they ask you about your record for the last year. It is their burden to learn that information. However, do not lie if asked!
10. Contact our insurance agent who specializes in insuring DUI drivers. We will provide you that info and they will insure you while you have a clean record. You are innocent until proven guilty!
