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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26589
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Dear attorney, I was convicted for underage DUI on March

Resolved Question:

Dear attorney,

I was convicted for underage DUI on March 9,2013. I hired an attorney and they successfully reduced my sentence to reckless driving and I was sentenced for 12-hour light DUI school, penalty and fines. However, DMV still record my case as a DUI and my license suspended for one year until july 4, 2014. This create a lot of problem for me since i need vehicle to travel to school, transport family members, and to finish my DUI school. Moreover, my case with my attorney has concluded while he told me that there is no way i can request for restricted license because public transportations are available in Los Angeles. In this case, is there any way i can do to get my license back ? or at least to get restricted license ? Is there anyone that can help me with this situation ?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Roger replied 11 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Roger : Did you refuse the breath test?
Customer:

Hi roger, I took the breath test and i was on the 0.09 BAC.

Roger : Ok. I that's the main reason that a restricted license isn't allowed. If you took the breath test, and if this was a first DUI, you should be eligible to seek a restricted license.
Roger : If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work.
Roger : You are correct that the request must be approved, and the judge has discretion whether or not to approve it.
Customer:

Isee. Actually i refuse it at first, however, the officer said they will check it through blood test so thats why i decided to took the test

Customer:

Are you talking about critical-need license ?

Roger : A restricted license is what I was referring to - - which allows you to drive to work, the grocery store, doctor, etc.
Roger : They're the same thing - - it's a critical need restricted license.
Roger : Part of the consideration in granting the license is whether there's adequate public transportation.
Roger : Here's a good link that outlines this: http://www.johnwhilllaw.com/lawyer-attorney-1927502.html
Customer:

Yeah that what i thought, so you think its still possible for me to request this license ?

Roger : Even if there is public transportation, you would have to prove that the transportation available is inadequate - - bus schedule doesn't comply with your work schedule; the bus stop is too far away, etc.
Roger : You absolutely can request a hardship license, but it's up to the judge to approve it. You'll have to convince the judge that public transportation isn't a viable option for you in order to get the judge to approve your request.
Customer:

Okay. so what do you think will be a good reason beside that roger ?

Roger : Generally, the other options would be that your health doesn't make it easy for you to use public transportation - - of course, you'd need some medical proof or disability.........
Roger : Also, if you are in school with an unpredictable schedule, that would help as well.
Roger : The biggest thing is to try and provide any argument you can to make the judge believe that public transport is not a good option for you
Customer:

Isee. This definitely not easy, but i can try to be as convincing as possible.

Roger : In other words, you'd have to show that requiring you to use public transportation would be an additional undue hardship,
Roger : It's not easy when you're in a place that has a great deal of public transport, but it's still possible.
Customer:

Okay, so do i need to finish my dui school before applying for this license ?

Roger : I think the requirement is that you must be enrolled in the class - - not that you have completed it.
Customer:

Roger, how about the proof of financial responsibility ? can you explain me more about this ?

Customer:

as well as the non-commercial driver license

Roger : Proof of financial responsibility means that you have insurance on your vehicle.
Roger : http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr18.htm
Roger : A non-commercial license is what most people have - - it's a regular license. A commercial license is what one needs to be a truck driver, etc.
Customer:

Okay i understand now. Roger, I just read the link you gave to me. And I feel that it's hard for me to provide all the things they need because,

Customer:

*because my place is not so far away from the university, and most of my schedule is in the morning so there is definitely a public transportation i can use

Roger : It may be tough, but you can give it a shot and hope that the judge gives you a break.
Customer:

I have a family member, but she live in San diego and she has a driver license too

Customer:

I will try this option for sure, but do you think there another option beside this ?

Roger : No, I don't think there's anything else out there that could be attempted. This is the only option to get a limited license before the suspension period runs out.
Customer:

Roger, do you think i can use my foreign license ?

Customer:

If lets say a police pull me over

Roger : No license should be valid as the suspension would apply to any type you have.
Customer:

Okay, so do you still any suggestion for me according to this situation roger ?

Customer:

i really ran out of ideas to think of

Customer:

*do you still have

Roger : The only real option is to apply for a the hardship license and try to convince the judge to grant your request.
Customer:

Okay i got it roger

Customer:

Roger, do you think is there any attorney that can help me to get this restricted license ?

Roger : Your chances would likely be better with the assistance of an attorney.
Roger : The best option is to visit www.martindale.com and search for an attorney in your area to assist.
Customer:

What kind of assistance that they can provide ?

Roger : The attorney can represent you in the application process and the court hearing where the court determines whether to grant the request for this hardship license.
Customer:

So basically i need to address all the issues to the attorney, and they will help me to explain it to the judge ?

Customer:

is that what you mean ?

Roger : yes
Customer:

then do i still have to do all the application process roger ?

Roger : you or your lawyer would have to.
Roger : If you get a lawyer, he/she can do this.
Customer:

Okay that's a good idea so far i think

Customer:

*best

Customer:

Roger, i just want to make sure, is it true that we will just pay the lawyer if the case is successful ?

Roger : The fee is something you'd have to discuss with the lawyer - - some may be willing to do that and other will want a fee regardless of the outcome.
Roger : You'll just have to discuss that with the attorney/s you contact.
Customer:

Alright. Thank you so much for all of the information Roger.

Customer:

Its a pleasure to talk to you

Roger : Glad to help. THANK YOU for allowing me to assist.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26589
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 7 other Criminal Law Specialists are ready to help you

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