Legal Question in DUI Law in California

DMV SR-22 Revoked License

The DA had reviewed my case and decided not to prosecute at this time with a ''Notice of Intent Not to File''. I understand that the Courts and the DMV are two separate entities but why is my license still being revoked for 5-6 months? What's the resoning for still having my driving privellages taken away if I am not being prosecuted for a DUI. Would it be better to go the 5 months of no driving or file a SR-22 and enroll in a DUI program to get my restricted license even though it will raise my insurance rates and possibly make it harder for myself to get my own insurance under my own name in the future?


Asked on 7/01/09, 5:31 pm

2 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Re: DMV SR-22 Revoked License

You needed to contact DMV within 10 days of the arrest. You, it seems, did not. You may attempt to contact them and ask for a hearing even though you're over the 10 days and see what they say. You may seek the assistance of an attorney. We can be reached at www.wallinlaw.com if you want to pursue this further. If you choose to give up, you'll need to complete the alcohol program to get your license back.

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Answered on 7/01/09, 6:26 pm
Terry A. Nelson Nelson & Lawless

Re: DMV SR-22 Revoked License

Unless you timely filed your appeal of DMV suspension, you lost your right to contest it, regardless of what happens in the court case. However, with the Notice you got from court, you have grounds to try to file a 'late' request for appeal hearing. You can also request a hearing for reduction of suspension and issue of restricted license. Doing both allows one or both to succeed. Consult with local counsel to do so.

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Answered on 7/01/09, 7:25 pm


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