Legal Question in DUI Law in California

DMV law re DUI's under 18

Why are we having such trouble getting my 18 yr. old's drivers license reinstated. Her offense date was 3/13/04, her DMV suxpension started 4/13/04. Her court conviction date was 8/13/04. She finished all her programs, 100 hrs. of comm service, everything for the court. We went back to court, they granted her a restricited license on 5/06/05 and backdated her conviction date to 4/13/05. The DMV will not use the 4/13/04 date as her suspension or revocation date, they will only use the 8/13/04 court conviction date even thought it has been over a year's suspension and she turned 18 on 4/09/05. Can they legally do that, we have court papers verifying all dates and backdates and granted restrictions. Someone keeps saying, ''because she was under 18 when she got her DUI...''. I do not understand the legality of the DMV arbitrarily using her original conviction date, not her DMV imposed suspension date on 4/13/05. HELP!!! After 3 hrs. at our local DMV, they finally granted her a license and now we received a letter from DMV in Sacramento, saying they are still revoking her license until 8/13/05. She has her interim license, took the test, they took her photo and someone in Sacramento turned it away again!!!! Is this legal????


Asked on 5/18/05, 8:04 am

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: DMV law re DUI's under 18

I would need to review the docket sheets and the law to properly counsel and advise. Call me directly at (619) 222-3504.

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Answered on 5/18/05, 11:43 am


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