Legal Question in DUI Law in California

My driving license was suspended for one year because i refused the bac/drug tes

I would like to know how I can appeal to get my license either restricted or restored. I was told I refused the BAC test because I was passed out at a stop sign and did not hear the officer reading the right to me that my license would be suspended for 1 year if I did not submit to the test. I did not hit anyone or anything. The officer sent to an emergency hospital. This is my first offense. I paid an attorney $3000 to go to court and to the DMV. I never appeared. I am disabled and cannot walk without a cane or wheelchair.


Asked on 11/30/01, 10:19 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: My driving license was suspended for one year because i refused the bac/drug

The law states that you may file a writ of mandamus asking a Superior Court Judge to review the DMV's decision and reinstate your license, if necessary, overriding the DMV. You may also apply for a hardship license through the DMV if you meet their criteria for driving.

If you need an attorney to file an appeal or you need any of the hardship forms, please call me at 1-877-568-2977 (toll free) or email me. Thanks,

Robert

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Answered on 12/02/01, 7:56 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My driving license was suspended for one year because i refused the bac/drug

More information would be needed to determine if there is a possibility of obtaining relief. There may be a question regarding whether you refused to take the blood alcohol test. The police report would have to be reivewed throughly.

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Answered on 12/01/01, 1:55 am


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