Legal Question in DUI Law in California

I am 20 years old (will be 21 in May). On 1/29/2011 , I was pulled over for my right tail light being out in Del Norte County. The officer claimed to smell alcohol in my vehicle and asked me to step out of the car, perform a sobriety test, and then be breathalyzed. I complied. After being breathalyzed I blew a .05. I was given a DUI Infraction (23140) and asked to appear in court in the beginning of March. I requested a DMV hearing to retain my driving privelages, it is scheduled for the end of February. I recieved a packet from the DMV including a "Notice of Correction and Proof of Service Vehicle Code 40505. The correction was "Location of violation should be changed from H St and 10th St to H St and 11th St" and "Other: Misdemeanor Box should NOT be checked." Is there anything that I can do to have this dismissed or at least to retain my driving privelages, or possibly have the suspension time reduced?


Asked on 2/16/11, 1:43 pm

1 Answer from Attorneys
Paul Burglin Burglin Law Offices

You are facing a one year suspension on both actions---the DMV administrative action for driving with a .01 percent or higher alcohol concentration, and the Court action for driving with a .05 or higher alcohol concentration. You will have to prevail in both matters to avoid the suspension. You may apply for a critical need to drive restricted license for each suspension action---one with the Court and one with the DMV.

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Answered on 2/17/11, 1:29 pm


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