Legal Question in DUI Law in California

Hello my name is Scott and I live in Stockton, CA . I have a DUI question. I was convicted of 2 misdemeaner Dui's 13 yrs ago. All probation, fines and time were served. I have had no alcohol problems with the law since. I have not driven or had a license for 13 years. I was also given the 2nd offender dui class and uinfortunatly I never signed up or completed the program. I recently contacted DMV and asked them if they could drop the classes or at least consider shortening the program for me due to the fact it has been 13 yrs since my case. They said no way. This seems unreasonable to me considering so much time has passed and I've commited no other violations since. I would think the extenuating circumstances would at least be looked at by DMV. Does not seem fare they wouldn't even look into it. I have not possessed a drivers license or driven in 13 years. My question . Do I have any recourse here?


Asked on 1/13/12, 10:42 am

2 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

None. no 2nd time DUI school=no license. DMV cannot give it to you, even if they wanted, which they don't.

Read more
Answered on 1/13/12, 11:46 am
Terry A. Nelson Nelson & Lawless

Your idea of fair has nothing to do with it. You agreed to various terms and conditions in order to get probation from the court and not serve time in jail. If I understand this situation, the court ordered you to 2nd offender school. That is normal in repeat DUI offenses. If that is the case, and you did not complete the school, you will also have an arrest warrant outstanding. That would have to be dealt with as part of seeking your license. The court would still require you to do the school, as it is not going to retroactively change and reduce the terms of the plea bargain 'deal' you had. You don't get 'do overs', regardless of how long you wait.

If instead, you are saying that the DMV imposed the school requirement, not the court, and that is the only thing 'pending' and preventing you from getting a license, then you have to 'bite the bullet' and do the school along with anything else DMV may impose. There is no 'recourse' for you, only compliance if you want a license.

Read more
Answered on 1/13/12, 3:49 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California