Does my suspension get reduced if the DUI charge is dropped to a wet reckless? 14 Answers as of August 04, 2011

I had lost my dmv hearing for my DUI charge so they had a mandatory 30 day suspension but my court case was dropped down to a wet reckless with a court appointed wet reckless driving class. I enrolled in the class and filed an sr22. When I went to the DMV they said I cannot get a restricted license because my wet reckless enrollment wasnt on file and my wet reckless class cannot file it until I have completed the class. My driving class said that once I complete the class I can get my full driving privileges back but the DMV says I cannot, because I have a four month suspension. Doesnt that four month suspension get taken off once the charge is reduced to a wet reckless?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You must show proof of enrollment in the class to the DMV. Enrollment is not enough, you need to file the proof with the DMV. You should contact the mandatory actions unit of the DMV at 916-657-6525 and find out where you can file the proof of enrollment of the classes to get your restricted license and the date which you become eligible for this restricted license.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The DMV makes their own independent decision. They are not controlled by the court resolution. The only hope was to either win your hearing at DMV or get the case dismissed.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No. Unless you win a jury trial or otherwise are found not guilty of the DUI the mere reduction to a wet reckless does not affect your DMV suspension/restriction at all. The only effect of the reduction is that you will not receive a further notice from the DMV that your license is again suspended because of the conviction which you would otherwise have to deal with.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You should be able to get a restricted license after the hard suspension for 30 days whether it's a wet reckless or a regular DUI. All that is required is the SR22, proof of enrollment in the class, and a fee.
Answer Applies to: California
Replied: 7/27/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    No, you still have a four month suspension; you avoid an additional six month suspension. You can apply for a restricted license after one month.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The court reduction to a wet doesn't do anything for you at the DMV. If you lose the DMV hearing (which it sounds like you did), they will suspend your license regardless of what happens in court. And, you need to do the AB-541 program, or else the DMV will never re-issue your license. Remember, the court case and the DMV case are completely separate!
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Not automatically. You need to submit a DS 702 to the DMV Mandatory Actions Unit in Sacramento showing that the DUI charges were dismissed. This will trigger a second DMV hearing where you can try to beat them again. If you obtained a plea pursuant to Helmandollar v DMV, 7 Cal.App.4th 52, you need to submit the DS 702 showing that there was a not guilty on the .08 or above charge. A Helmandollar plea involves negotiating a plea to wet reckless or something else and rather than dismissing the .08 or above count, there is a mini-bench trial wherein the DA doesn't present any evidence and after they rest, the defense makes a PC 1118.1 motion and the defendant is acquitted of the charges. You then take the not guilty finding to the DMV and the suspension is set aside. 73 Be aware that the DMV sometimes requires completion of the AB 541 class to get your license back (that is on the waiver forms in Los Angeles County).
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    The suspension is from the DMV not the courts. It is often the case that the DMV imposes the suspension and the court reduces the charge but you have to serve the full suspension anyway. This is because the DMV and the courts move separately. You should have asked for a hearing on the suspension from the DMV. That way there was at least a chance you could convince the hearing officer not to suspend your license. Now you are stuck with the four month suspension (BTW, there was never a "30 day" suspension, just 30 days in which you could not even get a restricted license). Once you have enrolled in the wet reckless classes, bring the minute order from the court and proof of enrollment to the DMV and they should give you restricted license.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The DMV suspension remains the same whether it is a DUI or a wet reckless. As long as the class is court-approved it should be accepted by the DMV but the suspension rules are the same because the DMV operates separately from the court.
    Answer Applies to: California
    Replied: 7/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Does my suspension get reduced?? No. Nothing is automatic. DMV has told you what their position is. If you want to contest their decision, you will have to file an appeal, and/or go to court by filing for a Writ.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    The DMV is a separate department from the District Attorney's Office. The DA's Office handles the criminal aspect of a DUI and the DMV handles only the suspension of your license. Generally, one decision made by one department does not affect the the decision(s) made by the other department. The four month suspension imposed on you by the DMV is independent of your guilty plea to a wet reckless. Unfortunately, the four month suspension is lawful.
    Answer Applies to: California
    Replied: 7/26/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    If your lawyer had won the DMV hearing, you would be facing no suspension and no restriction and would not need to get the SR-22 insurance. DMV and Court are not the same, and the wet reckless does not help with the DMV penalty for losing the case at DMV. Losing DMV means 4 months of suspension, or one month of suspension followed by 5 months of restricted driving. The only way to get the restricted license is if you are enrolled in a minimum three month (32 hour) first offender DUI School. The wet reckless result in court helped out financially, but you may need to return to court to get the 12 hour DUI school modified to a 32 hour school, if you want to get the restricted license after one month of suspension. If you stick with the 12 hour school, you still must complete 4 months of suspension before you can get your full license reinstated. The 4 month suspension does not get taken off with a wet reckless. Remember, court and DMV are not the same.
    Answer Applies to: California
    Replied: 7/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Unfortunately not. The DMV and the DUI work independently of each other. If you lost the DMV hearing then you will need to serve the DMV suspension even if you had your DUI reduced to a wet reckless.
    Answer Applies to: California
    Replied: 7/26/2011
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