Criminal Law

Ask a Criminal Law Question, Get an Answer ASAP!

Have your own Criminal Law question?

23 Lawyers are Online Now

characters left:

Not a Criminal Law Question?

Question

Hello, and let me thank you in advance for any help you can offer me. In 1985 i had three dui's in about a month and ahalf, i hadn't been to court on the first two charges yet so it was one lump case no priors, anyway i recieved a six month sentence at camp Westfork in Warner Springs, it was a camp for addicts and drinkers so they had some recovery programs going on while you were there. I compleated the requirements there and was released. This is where the problems start and i just can't get the higher ups to understand as a requirment of my probation i had a first time convictors class, a dui class and their was one or two other small requirements,the thing is, it was manditory, or go back to jail. Every year or two i try to get my drivers lisence and they want me to take another year of dui classes. They have no records of my classes. I quit drinking sixteen years ago. i am not that person anymore, i have to drive to stay employed, 23 years i,ve paid my due's I need my lisence TY

Submitted: 443 days and 7 hours ago.

Category: Criminal Law

Value: $15

Status: AWAITING CUSTOMER ACTION

san diego, California

Already Tried:
Went to where i had the class but they were no longer there, I did find the new place but their records don't go back that far. Went to court house records dept. they told me the same thing. their has to be some archive of records somewhere i would think, So i'm at a loss, i'm a heavy equipment operator i operate all tractors, i know i'm a better driver than most people on the roads, its going onto 24 years without a lisence i'm sure that is long enough, i can't start to tell you how its affected my life, no company trucks, no foreman jobs, no trips, no vacations, i've felt like a criminal most of my life becouse of this, monies, loves, life, i am a good man, i've paid enough, please show me the path i should take.

Posted by RunTam38 CA Lawyer 443 days and 6 hours ago.

Info Request

MrMonday ---- I will be happy to try to help you, but I need more information to fully understand your situation before I can give you a good answer.

Are you referring to Camp West Fork and Warner Springs in California?
When you went to court, were all three cases there at the same time?
If so, did you plead guilty to all three DUI's?
Did you complete all of the terms of all of your probation orders?
Have you not had a license at any time since 1985?

Let me know and I will try to give you some useful information.

Posted by RunTam38 CA Lawyer 443 days and 6 hours ago.

Info Request

My apologies, as your "additional information" and "already tried" sections did not show up until after I posted my earlier answer.

So, I now know that you were in fact in California and that you have not had a license this entire time. Can you provide the other information that I requested and I will work on a better answer for you.

443 days and 6 hours ago.

Reply

Thank you Mr. Reilly Yes it was California, Yes all three cases were there at the same time but they lumped it into one case and could not charge me with prior DUI convictions. I plead guilty to the one lump case. I did my time and compleated all probation orders, last i have not had a license here or anywhere sinse 1985.

Accepted Answer

Okay, even though all three cases were dealt with at the same time, that doesn't necessarily mean that you ended up with three DUI convictions. In those days, it was not uncommon for the DA to dismiss or reduce the charges in one or two of the cases when there were multiple DUI's pending.

Inasmuch as you completed all of your probationary orders, I'm not sure why you are being held up getting a license at this time.

Your court records from 1985 are maintained in an archive, but it will take some time to get them. You should have been told at the clerk's office that the records are available from the archives, which they are. All you have to do is fill out a request form and they will be brought out of storage. You may need your old case numbers, but they should be able to locate the records using your name.

Has anyone at DMV told you why they think after all this time that you have to do a year of DUI classes? I am aware of no authority for that requirement, nor can I find any.

Accepts:
Expert:	RunTam38 CA Lawyer
Pos. Feedback:	99.6 %
Answered:	9/6/2008

Criminal Defense Lawyer

California lawyer 33 years, 10 as Deputy DA and 13 as defense counsel. More than 150 jury trials.

Posted by RunTam38 CA Lawyer 443 days and 5 hours ago.

Answer

I have a further thought on the DMV process. You can (and probably should, based on what you've been told so far) ask to speak to a supervisor. If you are still denied a license, request an administrative hearing on the issue.

The administrative hearing process is described on the DMV website on this page:

http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl26.htm

I think you would be entitled to a hearing from this denial of a license and I cannot conceive of any reason why you should be denied a license now. Even if you had three convictions, that only mandates a three year revocation of your license, not a 30 year revocation.

Of course, you could also contact a local attorney who handles DMV administrative matters. Either way, I think you should pursue this vigorously, as it seems grossly inappropriate.

443 days and 5 hours ago.

Reply

For RunTam38 Thank you i knew they were being lazy, It was the head man at the DMV, He said i had to do this becouse they had no record of me compleating a DUI class, I told him my situation but it did'nt seem to matter to him. Does the DMV have any kind of statute of limitations ondriving offences.

Posted by RunTam38 CA Lawyer 443 days and 5 hours ago.

Answer

The statute of limitations applies only to the filing of criminal charges, so really wouldn't have any application in this situation. What I am having trouble with is why DMV even thinks you have to do a dui class before you can have a license again.

There is no general requirement that people do dui classes in order to obtain a license, nor is there apparent authority for such a requirement in your case. I am now all the more of the opinion that you should request a dmv administrative hearing.

Ah, one other thought -- there is no requirement that you go to any particular DMV office to apply for a license. You might try going to a different one than the one you have already been to -- maybe you will find someone more reasonable (and not so lazy) to deal with.

443 days and 1 hours ago.

Reply

For RunTam38 Thank you very much Mr. Reilly now i have some direction again, I believe i will try a different DMV first and if no luck their i guess i will try the administrative hearing, again thank you. Daymon

Posted by RunTam38 CA Lawyer 443 days and 1 hours ago.

Answer

You're welcome, I'm happy to have been able to provide some assistance. Good luck getting this straightened out.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Criminal Law

Have your own Criminal Law question?

Question

Optional Information

Info Request

Info Request

Reply

Accepted Answer

Answer

Reply

Answer

Reply

For RunTam38 Thank you very much Mr. Reilly now i have some direction again, I believe i will try a different DMV first and if no luck their i guess i will try the administrative hearing, again thank you. Daymon

Answer

You're welcome, I'm happy to have been able to provide some assistance. Good luck getting this straightened out.

Related Criminal Law Questions