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790 Mission Avenue San Rafael, CA 94901 Marin (415) 485-2200 (415) 457-1420 www.jmichaelanthonylaw.com |
J. Michael Anthony
San Rafael California DUI Lawyer J. Michael Anthony
CALL NOW FOR A FREE CASE EVALUATION (415) 485-2200San Rafael California DUI Lawyer Our firm handles legal matters in the following practice areas: Criminal Defense, Drugs and Narcotics, Drug Trafficking, Driving While Intoxicated, DUI, Assault and Battery, Homicide, Domestic Violence, Juvenile Crimes, Spousal Abuse, Restraining Orders, Sex Crimes, Theft, Drivers License Suspension, Family Law, Divorce, Child Custody, Paternity, Child Support, Spousal Support, Adoptions, Personal Injury, Automobile Accidents and Injuries. J. Michael Anthony Practice Areas: Criminal Law(50%); Family Law(15%); Personal Injury(20%); Civil Litigation(15%). Admitted: 1965, California Law School: University of California, Hastings College of the Law, LL.B., 1964 College: San Francisco State University, B.A., 1961 Member: State Bar of California. Biography: Deputy District Attorney, Marin County, 1965-1972. Past Grand President, Native Sons of the Golden West. Co-Chair, Legal Clinic Program, 1963-. Born: San Francisco, California, April 4, 1938 "What will happen to me in the California courts on my first offense for DUI?" If you talk to any of the DUI lawyers in California, there are all sorts of variables they will consider. Whether you got a Southern California DUI in Los Angeles or a DUI San Diego, they usually will not give you a clear answer. After 35 years of working with first offenders in the Bay Area, I can give you an overview of what (VC23152) first offenders receive for a DUI in the area. A California DUI in the Courts
If the DUI charge is reduced to a ’wet reckless’ the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you’ve got a ’wet-reckless’ then you have to complete a 3 month program to get your license from the DMV in California! A DUI lawyer can help you out with this. This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop. The Complication of a California DUI These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more ’complicated’. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV. With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only ’draw back’ to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wet reckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed Proof of Insurance SR-22 and pay $100) to get your license returned. According to CA DUI Laws, as of October 2005, upon receiving notice from the court of a California DUI conviction (23152) the DMV is suspending licenses for 6 months. This new added compilation is a double suspension the DMV is giving DUI offenders. The first is the four month APS suspension telling DUI offenders they can get a restricted license DMV tells DUI.com that only 20% of DUI offenders statewide actually get this restriction) and then they issue this letter telling the offender they are suspended for 6 months and can get a restricted license on the court conviction. The added complication is this; once a person gets an APS restriction they have to go back in and get another restriction after paying $15.00. As anyone can see there is a problem with time. If someone gets an APS restriction and then receives a letter from the DMV based on the conviction indicating that they have a 6 month suspension (AFFECTIVE as of the CONVICTION date) they will actually be driving on a suspended license (and if stopped will have their car towed) until they go to the DMV and pay a $15 restriction to get a restricted license reinstated. California DMV Hearings The suspension will be ’stayed’ for six months or until the hearing is held. Per the California DUI laws, the driver will have a license BUT if the person loses the hearing and most do since only 7% of the licenses are returned!). If the driver loses the hearing then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could be issue COMMONLY ASKED QUESTIONS AND ANSWERS
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