How can I get points off of my DMV record after three DUIs and two accidents? 5 Answers as of July 11, 2013I have three DUI's and have already been sentenced and served my time. My questions are for moving violations on my DMV record. IS there any way to get points off my DMV record? It shows two accidents that I am at fault in, speeding tickets, etc...
Nelson & Lawless | Terry Nelson
You cant. Records are forever. The tickets simply roll off DMV records after three years for purposes of counting as DMV points. However, any DUI counts as a prior for 10 years. However, again: you can consider getting the DUI conviction expunged; which would help in obtaining and keeping employment. Many convictions, including DUI, can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
It is possible to get points taken off your driving record, but it's fairly complicated and probably a bit much fr a novice to accomplish. The main tool used to accomplish your goal is a MOTION TO RE-OPEN A TRAFFIC MATTER. You file a motion with the court saying how it came to be that you were convicted of the charge (I should have said earlier that this remedy applies when you got points on your license because you didn't show up for the court trial for one reason or another (EX: you'd been calling the court to find out how much the bail as and kept being told "The case isn't in our system yet..." and then - very quickly thereafter - you get notice in he mail that your trial was held, you didn't show up, and you were convicted "in absentia." For this kind of situation the Motion to ReOpen works very well...But if you go to the trial and smply lose it s motion won't work - you have to file an appeal. That's pretty pointless because even if you win it you have to fight the case all over again - it's not over, it just gets back to the first step the court trial you lost in the first place to make the appeal necessary.
Answer Applies to: California