How can I get a critical needs license after a DUI? 4 Answers as of March 21, 2011

My 19 yr old son got a DUI last year with a BAC of .04. He lost his license for 1 yr from the DMV and the court starting in Oct. He took DUI ed classes and finished in Dec. He applied for a Crit. Needs license in Jan and was denied. He is attending college that is 10 miles from where he lives and the classes run from 1-9 PM, when there is no public transportation. I live 125 miles away, but have been driving over to take him to school when he can't get a ride or the weather is too bad to ride a bike. Why did the DMV deny the CCN license? It seems that his need is there. Do we need to petition the court to allow the license before DMV will approve? Calling DMV did not enlighten us at all.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
DMV sets their own standards and rules for issuance of restricted licenses after suspension by DMV. Any denial could be appealed by seeking a Writ from the courts, but that is quite expensive and seldom successful against an agency discretionary decision. There is an internal appeal process with DMV, but again, seldom successful. In either situation, you have to prove they made a substantial mistake of law or fact I their decision. You disagreeing with the decision has nothing to do with the standard of proof. If the license was suspended by the court, which is separate from the DMV suspension, then a motion to modify the court order could be made upon showing of good cause. That would be more likely to succeed.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Call Mandatory Actions Unit at DMV in Sacramento and speak with a supervisor. The DMV controls critical needs license. You can file a petition for a restricted needs license with court. If they grant it, it might have some bearing with DMV.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, getting a lawyer to get a court finding of critical need is helpful, but understand that when it comes to critical need, the ultimate discretion lies with DMV. The following are factors to consider written into the Vehicle Code: A person is eligible when, in the opinion of the department, any one or more of the following circumstances exist: 1) School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by the school. The application shall be accompanied by a signed statement from the school principal verifying such facts. A license issued shall be restricted to operating a vehicle from residence to the school and return. 2) Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. The application shall be accompanied by a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the emergency. 3) Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant's income from such employment is essential in the support of the family, or where the applicant's operation of a motor vehicle is essential to an enterprise from which an appreciable portion of the income of the family will be derived. The application shall be accompanied by a signed statement from the parents or the guardian, setting forth the reasons a permit is necessary under this subsection. The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a junior permit.
Answer Applies to: California
Replied: 3/18/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
You should petition the court if the dmv is not being reasonable. Bring proof of lack of public transportation options, school schedule, etc. contact me if you would like to discuss further.
Answer Applies to: California
Replied: 3/18/2011
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