Legal Question in DUI Law in California
Who wrote the bill that coincides with the SB 38 program? The DMV agrees that I completed the required task through another program, and the judge deleted the SB 38 program from my record.
The problem is the DMV claims they cannot honor the judgment, even though they agree I've gone above and beyond in this situation. I need to fight this, but can't work, so I can't afford an attorney. I need to drive so I CAN work, get off of assistance, pay taxes and contribute to society.
1 Answer from Attorneys
I'm a little puzzled by the first part of your question. Senate Bill 38, requiring an 18 month class for repeat DUI offenders, has been in effect for years. It was passed by the entire legislature and signed by the governor. Even if the author of the bill is still in office -- which is unlikely, due to term limits -- he or she would not have power to grant you an exception to its provisions.
It sounds like you're caught in the mess between the court case and DMV proceedings, which are related, but separate.
Although the judge may have decided to impose the four-month first offender class, DMV will require the 18 month class before reinstating your license.
Unfortunately, there's no way to make sense of your situation without a complete review of all of the facts. You should consult an experienced DUI attorney in your area. Most will give you a free initial consultation and can tell you whether they can help.
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