Legal Question in DUI Law in California

I recently got to an accident no one was hurt, but my self. Went to the hospital few days later i got a DMV

notice for a hearing i was hurt could not move.When i was going through my mail notice the ten days to make a dmv hearing had past. Is there anything i can do to to retain my commercial license


Asked on 1/12/10, 6:26 pm

2 Answers from Attorneys

Dave Jake Schwartz sonomacountyduilawyer.com

In most cases, a commercial holder facing a DUI must beat or reduce both the criminal court case and the separate DMV administrative case in order to have a shot at saving a commercial license. You should speak with a DUI attorney immediately and he/she may very well advise that you ask for the DMV hearing immediately.

The pink temporary license you apparently received states that one only has ten days, from the date it was handed to you, to request a stay on the suspension (temporary relief so you can keep driving), and to request a hearing to challenge the DMV suspension (one-year suspension for a commercial license on a 1st DUI conviction or administrative suspension although a restricted Class C is available after 30 days in most cases).

But certain situations may move the DMV to grant a hearing even after the ten-day period has expired (sometimes with or without the stay) so that you may try to preserve your Class A or B license by presenting viable defenses. A DUI defense lawyer can advise you further on your options and chances of success after you inform him/her about the specifics of your case, and a DUI attorney can probably submit the hearing/stay request faster and with the proper advocacy to increase your chances of DMV granting a belated request.

If you live in Sonoma County and wish to hire a lawyer or browse more information of this nature, please feel free to visit my website at http://www.sonomacountyduilawyer.com. Good Luck, Jake

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Answered on 1/18/10, 1:55 am
David M. Wallin Law Offices OF David M. Wallin

I agree with the other attorney. You should contact a qualified attorney in or near your area immediately. David Wallin

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Answered on 1/18/10, 10:07 am


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