The DMV Trap in DUI Cases

As discussed previously, the California DMV has invented a plethora of ways to suspend your driver’s license.  The newest trap is the distinction between the APS suspension in driving under the influence cases and the suspension that flows from a conviction in Court upon a conviction for DUI (23152).  Here is the typical scenario:  A driver gets arrested for DUI in Torrance, his license  is taken and a temp is issued.  The driver requests a DMV hearing in El Segundo.  In the meantime he goes to Court and is convicted for DUI.  The DMV will suspend his license for 6 months, with the ability to obtain a restricted license if the driver gets enrolled in a AB541 class, gets an SR-22 and pays a re-issue fee. The problem is no one tells him this at the time of the plea in Court, weeks go by and he gets a letter stating his license is suspended as of the date of the Court conviction, but he can get the restriction if he follows the steps, supra.  At this time he still has a APS hearing pending with the DMV.  He gets the SR-22, the proof of enrollment and goes to the DMV to get his restricted license.  Surprise!  He finds out he cannot get the license because he has a DMV hearing pending, but if he cancels the hearing it will start a 30 day wait before he can get a restricted.  If he had known this he would have never requested the APS hearing or cancelled back when he got convicted.  The result:  Since he requested the hearing he will sustain a longer suspension.  This “Pitfall” can be avoided if the person hires an attorney that in knowledgable with the DMV shenanigans.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty years. In addition to criminal cases, Matthew also defends clients at the DMV.
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