How can I Overturn a restricted license denial? 5 Answers as of March 28, 2011

It's been 1 year since I got my second DUI. I'm trying to get my restricted drivers license but the DMV says they want the full completion of my 18 month program. They say because on my first conviction I was closed out. Well I was closed out and went to court and explained to the judge that it was only because of lack of payment. The judge gave me the ok and I was reinstated and completed the program. My question is can I go to court and get an abstract or something to allow to get a restricted license?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You may need a lawyer but you can try going back to court on the first case and having the judge order that the program you completed for the second DUI satisfied the requirements for the first one too.
Answer Applies to: California
Replied: 3/28/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Consult an attorney who handles traffic matters. You should find an inexpensive referral via the county bar association.
Answer Applies to: California
Replied: 3/28/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I'm not exactly sure what you mean by "closed out." If I am understanding correctly, you did not initially complete your 1st offender DUI program, but got it reinstated, then successfully completed it. Then received a 2nd DUI after that? Is that correct? Assuming that is the case I am not sure why the DMV would be stopping you from getting your restricted license. Do they think you never completed the first offender class? You can contact me. I would like to hear more about this as I haven't heard of an issue like this before.
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you completed the required program, and if you show certification of that and the courts approval of the reinstatement to the program, through a proper Application to DMV, sounds like they should allow the restricted license. No harm in trying.
Answer Applies to: California
Replied: 3/28/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
The DMV operates separately from the court, and what the Judge says won't matter to the DMV 95% of the time. Your eligibility to get a restircted license is set by law. As a second time offender, you are eligible for a restircted license after serving 1 year of suspension (unless you are in Los Angeles and a few other counties under the "pilot" program where you could be eligible after 90 days of suspension). As a condition of getting a restricted license, you must be enrolled in a SB-38 program. Completion of SB-38 is required to get your license reinstated, but as long as you are enrolled you are eligible for a restricted license.
Answer Applies to: California
Replied: 3/28/2011
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