Is it legal for the DMV to refuse giving me my restricted because my charges were reduced? 8 Answers as of August 04, 2011

I was arrested for a 2nd DUI in 10 years but I was convicted of a "Wet Reckless" I lost my CA-DMV-APS hearing. The law say's that after a 2nd DUI I can apply for a restricted license after 90 days to the DMV- when I put on an Ignition Interlock Device. Because my charges were reduced to a Wet Reckless by the court, the DMV say's I can't apply for a restricted because I was not convicted of the "greater charge". This makes no sense. Do I have to wait a year to get my restricted because my charges were found to be less?

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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
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
There is a separate suspension if you lose your DMV hearing. You must prevail at both getting the reduced DUI charge and at the DMV hearing in order to avoid license suspension.
Answer Applies to: California
Replied: 7/26/2011
The Law Firm of Aaron Bortel Esq.
The Law Firm of Aaron Bortel Esq. | Aaron Bortel
You are correct, the law makes no sense. It is currently being challenged, but until they get this right, you are without a license for one year.
Answer Applies to: California
Replied: 7/26/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
No, but you'd better get a lawyer because DMV is full of shit and a lawyer can get a court order telling them to give you a regular license since your conviction was only a wet reckless.
Answer Applies to: California
Replied: 7/23/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, because you lost the DMV hearing. The 90 day restricted provision only applies to DUI convictions in court.
Answer Applies to: California
Replied: 7/23/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Your attorney would be in the best position to answer this question. However, keep in mind that what the Court does has no bearing on the DMV action. If the charges were reduced to a wet, IF you had a factual finding of innocence on the DUI charge, then the DMV may have no choice but to provide you your license back. That's only if that factual finding is a part of the court record. Otherwise, if your trying to go to the local DMV field office to get a restricted, they wont help. They usually don't know much about the "Driver Safety" branch dealings. Also, talk to your attorney about the restricted license information your getting. Generally speaking, a second DUI is NOT eligible for a restricted license to begin with.
    Answer Applies to: California
    Replied: 7/23/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It's not fair, but that's the DMV's rules. If the DUI charges were dismissed when you took your plea, you can file a DS 702 and request a new APS hearing from the DMV. If you lose that hearing you can then take a writ.
    Answer Applies to: California
    Replied: 7/23/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Legal?? You quoted the statute to say you have the right to APPLY for it, but it does not say you are ENTITLED to it, nor does it specifically cover other than DUI convictions. If you want to pursue this further, then you will have to file a Writ seeking a court order to compel them to issue. Your interpretation of the statute can be argued as sensible. Researching the statutes and appellate case law for the Writ may locate some precedent in your favor. There is no guarantee of success in any legal action.
    Answer Applies to: California
    Replied: 7/23/2011
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