Dave Jake Schwartz, Attorney at Law, PO Box
5604, Santa Rosa, CA 95402
DUI Consultations Always Free: 707-480-3383

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DRIVING |
STOPPED |
ARRESTED |
LAWYER |
RESOLVED |
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ANATOMY OF A DUI
TEN TIPS
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ABOUT JAKE
TEN TIPS FOR GETTING YOUR DRIVERS LICENSE BACK
Tips 1-4:
DUI SUSPENSIONS
Tips 5-10:
TRAFFIC TICKETS, EXCESSIVE POINTS,
MEDICAL SUSPENSIONS,
SENIORS, MINORS & COMMERCIAL DRIVERS
1. THE DUI SUSPENSION FROM COURT
TWO DIFFERENT SUSPENSIONS RESULT FROM A DUI.A DUI CAN RESULT IN TWO DIFFERENT TYPES OF DRIVERS LICENSE SUSPENSIONS. MANY PEOPLE WILL NEVER KNOW OR CARE ABOUT THE DIFFERENCES (INCLUDING MOST LAWYERS AND JUDGES), BUT IF YOU TRY TO RESOLVE YOUR CASE QUICKLY THEN THE BUREAUCRATIC DOO-DOO CAN BE VERY CONFUSING. YOU HAVE TO ADDRESS AND RESOLVE EACH SUSPENSION IN ORDER TO BE SURE YOUR DRIVING PRIVILEGES ARE RESTORED AT THE EARLIEST DATE. TO UNDERSTAND THESE TWO DIFFERENT SUSPENSIONS, COMPARE THE INFORMATION ON THE COURT SUSPENSION HERE IN TIP #1 TO THE SEPARATE DMV ADMINISTRATIVE SUSPENSION DESCRIBED IN TIP #2 BELOW, AND THEN YOU NEED TO COMPLY WITH THE SR-22 INFO IN TIP #3 AND THE DUI CLASSES IN TIP #4.
IF YOU AND YOUR LAWYER ARE UNABLE TO WIN YOUR DUI CASE, SONOMA COUNTY COURTS WON'T NECESSARILY TELL YOU AT THE TIME OF SENTENCING THAT A SANTA ROSA DUI CONVICTION RESULTS IN A MANDATORY SUSPENSION OF YOUR DRIVERS LICENSE BY THE DMV. THIS SUSPENSION IS DIFFERENT THAN THE DMV'S SEPARATE ADMINISTRATIVE SUSPENSION. THIS SUSPENSION WHICH RESULTS FROM A COURT CONVICTION IS ADMINISTERED BY THE DMV BUT CAUSED BY, AND GOVERNED BY WHAT HAPPENS IN COURT, WHEREAS THE DMV ADMINISTRATIVE SUSPENSION (DISCUSSED IN TIP #2 BELOW) CAN BE IMPOSED SEPARATELY BY DMV EVEN IF WE WIN IN SONOMA COUNTY COURT OR CRIMINAL CHARGES ARE DROPPED.
FIRST YOU NEED TO UNDERSTAND WHAT THE COURT SUSPENSION IS EXACTLY.
FIRST DUI CONVICTION.
IF THIS IS YOUR FIRST COURT CONVICTION FOR A DUI, THEN THIS SUSPENSION CAN BE SIX OR TEN MONTHS DEPENDING ON WHETHER YOU COMPLIED WITH THE IMPLIED CONSENT LAW AT THE TIME OF ARREST OR REFUSED THE CHEMICAL TEST, AND HOW HIGH WERE YOUR BLOOD ALCOHOL TEST RESULTS. BUT IN MOST CASES WE CAN GET YOU BACK ON THE ROAD IMMEDIATELY EVEN AFTER A SONOMA COUNTY CONVICTION.
IF YOU HAD A VALID CALIFORNIA LICENSE PRIOR TO THIS INCIDENT, AND YOU ARE AGE 21 OR OLDER, THEN REGARDLESS OF THE LENGTH OF A FIRST DUI COURT SUSPENSION, ALL OF THE SONOMA COURT'S MISDEMEANOR DUI SUSPENSION IS IMMEDIATELY CONVERTIBLE INTO A RESTRICTED CLASS C "WORK" LICENSE BY ENROLLING IN SONOMA COUNTY DUI CLASSES AT THE SANTA ROSA DRINKING DRIVER PROGRAM AND FILING AN SR22 INSURANCE FORM WITH THE SANTA ROSA DMV (DUI CLASSES AND THE SR-22 ARE DISCUSSED IN TIP #3 & #4 BELOW).
TYPICALLY, THE RESTRICTED LICENSE LASTS AT LEAST FIVE MONTHS (TEN MONTHS IF THERE IS A REFUSAL ASSOCIATED WITH THE CONVICTION OR IF YOUR BLOOD ALCOHOL LEVEL WAS AT OR ABOVE .20%) AND UNTIL THE DMV RECEIVES PROOF OF COMPLETION OF THE SANTA ROSA DUI DRINKING DRIVER PROGRAM CLASSES.
SECOND OR HIGHER CONVICTION.
IF THIS IS YOUR SECOND OR HIGHER COURT CONVICTION FOR A DUI IN THE LAST TEN YEARS, THEN THE MANDATORY SUSPENSION PERIOD IS TYPICALLY ONE YEAR WITH NO RESTRICTED WORK LICENSE. UNDERSTAND THAT THERE ARE NO HARDSHIP EXCEPTIONS DURING THIS ONE YEAR, EVEN IN THE MOST COMPELLING PERSONAL SITUATIONS REGARDLESS OF THE SEVEREST CONSEQUENCES TO YOU OR OTHERS. AFTER ONE YEAR, YOU MAY BE ELIGIBLE FOR THE WORK LICENSE BY FOLLOWING THE STEPS ABOVE.
IF THIS IS YOUR THIRD OR HIGHER DUI, THEN USUALLY YOU MUST ALSO COMPLETE AT LEAST ONE YEAR OF THE DUI CLASSES BEFORE YOU ARE ELIGIBLE FOR A WORK LICENSE. THE BEST WAY TO AVOID THIS HARSH RESULT IS TO GET CHARGES REDUCED OR DISMISSED IN SONOMA COUNTY COURT, OR WIN AT TRIAL.
GETTING THE RESTRICTED LICENSE.
IN MOST CASES, YOU ARE ELIGIBLE FOR THE RESTRICTED LICENSE IMMEDIATELY AFTER A FIRST DUI CONVICTION, OR AFTER ONE YEAR IF THIS IS YOUR SECOND OR HIGHER CONVICTION. UNDERSTAND THAT NORMALLY THE DMV DOES NOT AUTOMATICALLY SEND THE RESTRICTED LICENSE TO YOU; RATHER YOU MUST ACCOMPLISH THE TASKS ABOVE AND THEN GO TO THE SANTA ROSA OR PETALUMA DMV SATELLITE OFFICE AND PAY A FEE TO OBTAIN THE RESTRICTED LICENSE.
THE LICENSE ISSUED TO YOU AT THE SANTA ROSA DMV WILL BE A NEW 8-1/2 x 11" TEMPORARY LICENSE. YOUR REGULAR LICENSE (WHICH LOOKS LIKE THE ONE YOU HAD BEFORE EXCEPT THE RESTRICTIONS ARE PRINTED ON THE REVERSE) WILL BE MAILED TO YOU FROM SACRAMENTO FOLLOWING YOUR DMV VISIT.
OLD SONOMA COUNTY DUI'S.
NOTE IF YOU HAVE A PAST SONOMA COUNTY DUI AND THE SANTA ROSA DMV, OR YOUR LOCAL DMV OFFICE, OR YOU ARE OUT OF STATE AND YOUR HOME STATE DMV, REFUSES TO RETURN YOUR LICENSE, OR REFUSES TO ALLOW YOU TO OBTAIN EVEN A RESTRICTED LICENSE (TYPICALLY BECAUSE THE DUI PROGRAM WAS NOT COMPLETED), CONTACT US TO REVIEW YOUR MATTER AND HELP YOU SORT OUT THE MESS AND CLEAR YOUR CALIFORNIA RECORD TO GET YOUR LICENSE BACK.
TRY TO GET YOUR CASE DISMISSED OR SETTLED FOR BETTER THAN A DUI OR WET RECKLESS.
AVOID A DUI CONVICTION TO AVOID THE MANDATORY SUSPENSIONS DESCRIBED ABOVE. USUALLY YOUR LOCAL SANTA ROSA LAWYER SHOULD TRY DISMISSING YOUR CASE IN SONOMA COUNTY SUPERIOR COURT, OR REDUCING YOUR DUI TO A WET RECKLESS CONVICTION, OR ATTEMPTED DUI OR DRUNK IN PUBLIC, OR A MOVING VIOLATION INFRACTION, WHICH WILL WOULD ACCOMPLISH THE GOAL OF COMPLETELY AVOIDING THIS MANDATORY COURT-GENERATED SUSPENSION. IN MOST CASES, TO AVOID ANY INTERRUPTION OF DRIVING PRIVILEGES AT ALL, YOU MUST ALSO WIN THE SEPARATE ADMINISTRATIVE SUSPENSION AT THE SANTA ROSA DMV DISCUSSED IN TIP #2.
2. THE DUI SUSPENSION FROM THE DMV
TYPICALLY, IF YOU FAIL TO ASK FOR A DMV HEARING WITHIN THE REQUIRED TIME (10 DAYS FROM DATE OF ARREST, BUT CONFIRM WITH A LAWYER IMMEDIATELY IF YOU THINK YOU ARE OUTSIDE THE 10 DAYS -- LIMITED EXCEPTIONS MAY APPLY), OR LOSE THE HEARING, AND IF THIS IS YOUR FIRST ALCOHOL- RELATED DRIVING INCIDENT, AND YOU HAD A VALID CALIFORNIA LICENSE PRIOR TO THIS INCIDENT, AND YOU ARE AGE 21 OR OLDER, AND THERE IS NO ALLEGATION THAT YOU REFUSED TO GIVE A BREATH OR BLOOD SAMPLE AT THE TIME OF THIS ARREST, THEN EVEN THOUGH YOU MAY RECEIVE A NOTICE FROM SAN FRANCISCO DMV STATING THAT YOU ARE SUSPENDED FOR FOUR MONTHS, YOU CAN OBTAIN A RESTRICTED CLASS C "WORK" LICENSE AFTER THE FIRST 30 DAYS FROM THE DATE ON THE DMV SUSPENSION NOTICE AS SOON AS THE SANTA ROSA DMV OFFICE RECEIVES PROOF OF YOUR ENROLLMENT IN THE 3-MONTH SANTA ROSA DRINKING DRIVER PROGRAM DUI CLASSES, AND RECEIVES PROOF OF YOUR SR22 INSURANCE. THIS RESTRICTED LICENSE TYPICALLY LASTS FIVE MONTHS AND UNTIL THE DMV RECEIVES PROOF OF COMPLETION OF THE DUI DRINKING DRIVER PROGRAM CLASSES.
THE DIFFERENCES BETWEEN THE DMV ADMINISTRATIVE SUSPENSION AND THE COURT CONVICTION SUSPENSION.
THIS DMV ADMINISTRATIVE SUSPENSION IS DIFFERENT FROM THE MANDATORY SONOMA COUNTY COURT CONVICTION SUSPENSION IN AT LEAST SIX WAYS:
(1) DIFFERING OUTCOMES IN THE SAME CURRENT MATTER: EVEN IF YOU WIN IN COURT, OR CHARGES ARE REDUCED OR NEVER FILED, THIS SEPARATE DMV SUSPENSION IS USUALLY STILL IMPOSED IF YOU FAIL TO WIN SEPARATELY AT THE SANTA ROSA DMV;
(2) DIFFERING TREATMENT OF PRIOR MATTERS: EVEN IF COURT CHARGES WERE NEVER FILED IN A PRIOR MATER, OR LESSER CHARGES WERE FILED (SUCH AS UNDER 21 ZERO TOLERANCE BUT NOT DUI), BUT THE DMV SUSPENDED YOU IN THAT PRIOR MATTER, THE DMV MAY TREAT THIS NEW CASE AS A SECOND OR HIGHER DUI AND IMPOSE THE LONGER ONE YEAR SUSPENSION (WITHOUT THE POSSIBILITY OF A WORK LICENSE) EVEN THOUGH THE SANTA ROSA PROSECUTOR DOES NOT CHARGE THE PRIOR MATTER IN THE CURRENT SONOMA COUNTY SUPERIOR COURT PROCEEDINGS;
(3) REQUIRED TIME OFF THE ROAD: IF THIS IS YOUR FIRST ADMINISTRATIVE SUSPENSION, THEN YOU MUST SERVE THE FIRST 30 DAYS OF THE DMV SUSPENSION WITHOUT A WORK LICENSE UNLESS YOUR ATTORNEY CAN ARRANGE CREDITS OR OTHERWISE OBTAIN A DIFFERENT RESULT AT THE SANTA ROSA DMV, WHEREAS ALL OF THE SONOMA COURT-CAUSED SUSPENSION IS TYPICALLY CONVERTIBLE INTO A WORK LICENSE -- IN A FIRST DUI SCENARIO, IT IS THIS DMV ADMINISTRATIVE SUSPENSION RATHER THAN THE COURT-GENERATED SUSPENSION WHICH TYPICALLY CAUSES THE COMPLETE LOSS OF DRIVING PRIVILEGES FOR ANY LENGTH OF TIME;
(4) TEST REFUSAL CASES: IF THIS IS YOUR FIRST ALCOHOL- RELATED SUSPENSION, A REFUSAL TO PROVIDE A CHEMICAL TEST AT THE TIME OF ARREST WILL LIKELY RESULT IN A ONE-YEAR LOSS OF DRIVING PRIVILEGES WITH NO WORK OR HARDSHIP LICENSE FROM SANTA ROSA DMV (MORE THAN ONE YEAR IF YOU HAVE PRIORS) WHEREAS THE SONOMA COUNTY COURT SUSPENSION TYPICALLY WOULD BE TOTALLY CONVERTIBLE INTO A RESTRICTED WORK LICENSE; IN THIS CASE THE DMV ONE YEAR SUSPENSION TAKES PRIORITY EVEN THOUGH THE SONOMA COUNTY COURT MAY DISMISS THE REFUSAL ALLEGATION OR OTHERWISE ALLOW A RESTRICTED LICENSE;
(5) LENGTH OF SUSPENSION IN MULTIPLE PRIORS CASES: IF THIS IS NOT YOUR FIRST DMV SUSPENSION IN THE LAST TEN YEARS, THEN THE DMV ADMINISTRATIVE SUSPENSION (WITHOUT A WORK LICENSE) IS ONLY ONE YEAR (MORE IF YOU REFUSED TO GIVE A CHEMICAL TEST) FOR ANY NUMBER OF PRIORS, WHEREAS THE SONOMA COURT-GENERATED SUSPENSION INCREASES TO TWO YEARS, THREE YEARS, OR MORE DEPENDING ON THE NUMBER OF COURT PRIORS; AND
(6) TWO DIFFERENT RESTRICTED WORK LICENSES: IF YOU RESOLVE THE SONOMA COUNTY CRIMINAL CASE IN COURT FIRST, AND OBTAIN THE WORK LICENSE FROM SANTA ROSA DMV DISCUSSED IN TIP #1 ABOVE, THEN USUALLY DMV REQUIRES THAT YOU GO BACK TO THE LOCAL DMV OFFICE TO GET A NEW RESTRICTED LICENSE AFTER YOU ARE SUSPENDED AGAIN DUE TO THE ADMINISTRATIVE SUSPENSION. TYPICALLY THIS REQUIRES A NEW FEE. YOU SHOULD TALK TO YOUR LOCAL SONOMA ATTORNEY ABOUT COORDINATING RESOLUTIONS SO THAT ONLY ONE TRIP TO SANTA ROSA DMV IS REQUIRED, AND ONLY ONE FEE IS PAID.
BEWARE ALLOWING YOUR COURT RESOLUTION TO DRAG ON FAR BEYOND ANY DMV REIMPOSITION OF SUSPENSION; IF THIS HAPPENS YOU MAY FIND THAT YOUR SECOND RESTRICTED LICENSE REQUIRED AFTER A COURT CONVICTION WILL RESULT IN ADDITIONAL MONTHS OF RESTRICTIONS AS COMPARED WITH THE BARE MINIMUM RESTRICTION DURATION IF YOU COORDINATE THE START OF BOTH RESTRICTIONS AT ONCE. BE SURE THAT THE POSSIBLE BENEFITS OF PROLONGING A COURT CASE OUTWEIGH THE RISK OF A LONGER RESTRICTION PERIOD.
SIMILARITIES.
(1) AS THE AGENCY IN CHARGE OF DRIVERS LICENSES, THE DMV ADMINISTERS BOTH SUSPENSIONS AND ANY RESTRICTED LICENSES. THE DMV WILL SEND TO YOU ALL OF THE LICENSE SUSPENSION NOTICES (USUALLY WITHOUT CLEAR INFORMATION ON WHICH SUSPENSION IS WHICH) TO YOUR ADDRESS ON RECORD AT THE DMV. BE SURE YOUR CURRENT ADDRESS IS LISTED AT THE SANTA ROSA (OR NEAREST SATELLITE) DMV.
(2) THE SAME SANTA ROSA DUI CLASSES AND THE SAME SR 22 SATISFY THE SAME REQUIREMENTS TO GET BOTH RESTRICTED LICENSES ONCE YOU ARE ELIGIBLE.
(3) IF YOU WIN AT TRIAL, OR YOUR LAWYER OBTAINS A FACTUAL FINDING OF INNOCENCE ON THE SPECIFIC CHARGE OF BEING AT OR OVER .08% (OR .01% IN UNDER-21 CASES) THEN YOUR LAWYER WILL INFORM SACRAMENTO DMV AND WIN BOTH COURT AND DMV CASES AT ONCE. MOST LIKELY, IF THE SANTA ROSA DMV MATTER HAD ALREADY BEEN DECIDED AGAINST YOU, IT MAY BE OVERTURNED WITH SUCH A WIN.
HOW DO YOU KNOW WHICH SUSPENSION IS WHICH?
READ THE NOTICES YOU RECEIVE (SAVE THEM AND ASK A LOCAL SANTA ROSA LAWYER IF YOU DON'T UNDERSTAND THEM). IN A FIRST DUI, IF THE DURATION OF YOUR SUSPENSION STATED ON THE NOTICE IS FOUR MONTHS, THEN THAT NOTICE IS REFERRING TO THE SANTA ROSA DMV'S ADMINISTRATIVE SUSPENSION. IF THE DURATION IS SIX OR TEN MONTHS THEN THAT NOTICE IS REFERRING TO THE SONOMA COURT CONVICTION-GENERATED SUSPENSION. IF THIS IS YOUR SECOND OR HIGHER DUI, THEN IF THE DURATION OF YOUR SUSPENSION ON THE NOTICE IS ONE YEAR IN A NON-REFUSAL CASE, THEN THAT NOTICE IS REFERRING TO THE DMV'S ADMINISTRATIVE SUSPENSION. IF THE DURATION IS TWO YEARS OR MORE IN A NON-REFUSAL CASE, THEN THAT NOTICE IS REFERRING TO THE SONOMA COURT-GENERATED SUSPENSION.
THE BEST WAY TO AVOID THE DMV ADMINISTRATIVE SUSPENSION IS TO ASK FOR THE SEPARATE DMV ADMINISTRATIVE HEARING IN SANTA ROSA WITHIN THE ALLOWABLE TIME, AND THEN WIN THE HEARING. THE BEST WAY TO WIN THE HEARING IS WITH A SANTA ROSA LAWYER AT YOUR SIDE WHO CAN ADDRESS THE ISSUES WHICH WE KNOW ARE MOST IMPORTANT TO THE DMV. THESE ISSUES ARE NOT USUALLY THE PERSONAL OR ECONOMIC HARDSHIP ISSUES WHICH ARE MOST IMPORTANT TO YOU, OR THE WAY YOU WERE TREATED BY LAW ENFORCEMENT, BUT RATHER, IN MOST CASES, WHAT WE KNOW WINS A CASE ARE THE PRECISE LEGAL ISSUES SURROUNDING THE LEGALITY OF THE LAW ENFORCEMENT CONDUCT, AND THE WEIGHT OF EVIDENCE REGARDING YOUR SOBRIETY, AND THE ACCURACY AND ADEQUACY OF THE POLICE AND DMV DOCUMENTS.
3. INSURANCE
THE SR-22 INSURANCE REQUIREMENT.
IF YOU ARE CONVICTED OF A DUI OR LOSE THE DMV HEARING, OR IF YOU WERE IN AN AT-FAULT ACCIDENT OR CITED WITHOUT INSURANCE, YOU WILL LIKELY BE REQUIRED TO OBTAIN AN SR-22 INSURANCE DOCUMENT FROM YOUR INSURANCE COMPANY TO FILE WITH THE DMV IN ORDER TO BE ELIGIBLE FOR A DRIVERS LICENSE. THE TYPICAL REQUIRED DURATION FOR AN SR 22 IS THREE YEARS. THE SR 22 IS A PROMISE FROM YOUR INSURANCE COMPANY TO INFORM THE DMV IF YOU EVER LOSE INSURANCE. SOME INSURANCE COMPANIES TRANSMIT THE FORM DIRECTLY TO DMV IN A MATTER OF HOURS AFTER YOUR REQUEST, AND OTHERS TAKE UP TO SEVERAL WEEKS AND ACTUALLY MAIL YOU THE ORIGINAL FOR YOU TO FILE DIRECTLY WITH THE DMV.
SHOP AROUND. THE SIMPLE FACT OF A DUI SHOULD NOT RESULT IN CANCELLATION OF YOUR INSURANCE POLICY (MANY INSURANCE COMPANIES OFFER THE SR-22 FORM), BUT THIS MAY BE A GOOD TIME TO SHOP FOR THE MOST AFFORDABLE INSURANCE FOR YOUR UNIQUE SITUATION.
CLICK HERE TO ACCESS A SEARCH ENGINE AND INSURANCE ANSWER BANK FOR MANY QUESTIONS ABOUT RATE INCREASES, MULTIPLE PERSONS ON POLICIES, OUT OF STATE REQUIREMENTS, ETC.
LOW COST INSURANCE (NOT SR-22).
IF YOU SIMPLY NEED INSURANCE TO GET YOUR DRIVERS LICENSE BACK, BUT YOU CANNOT AFFORD INSURANCE, THEN CLICK HERE ON CALIFORNIA LOW COST AUTO INSURANCE PROGRAM FOR INFORMATION ABOUT SONOMA COUNTY'S PARTICIPATION IN THE STATE SPONSORED LOW INCOME INSURANCE PROGRAM. NOTE: THIS PROGRAM DOES NOT OFFER THE SR-22.
4. DUI CLASSES
TIMING IS CRITICAL TO GETTING YOUR DRIVING PRIVILEGES BACK. BE SURE YOU ARE ELIGIBLE FOR YOUR LICENSE TO BE RETURNED ON THE FIRST POSSIBLE DAY. THE BEST WAY TO DO THIS IS SIGN UP EARLY FOR DRINKING DRIVER PROGRAM CLASSES ("DDP"). IN SONOMA COUNTY, THE DDP IS LOCATED IN THE SOUTH WEST CORNER OF CODDINGTOWN SHOPPING CENTER IN SANTA ROSA. CLICK HERE FOR SONOMA COUNTY'S SANTA ROSA DDP WEB PAGE AND CLICK HERE FOR THE SONOMA COUNTY MAP AND COURT FLYER HANDED OUT AT SENTENCING. CLICK HERE FOR NAPA OR MARIN DDP INFORMATION.
AS DISCUSSED IN TIPS #2 AND #3 ABOVE, IF YOU HAD A VALID LICENSE PRIOR TO THIS INCIDENT, AND YOU ARE AGE 21 OR OLDER, AND YOU HAVE NEVER BEEN ARRESTED OR SUSPENDED FOR AN ALCOHOL- RELATED DRIVING INCIDENT BEFORE, AND THERE IS NO ALLEGATION THAT YOU REFUSED TO GIVE A BREATH OR BLOOD SAMPLE AT THE TIME OF THIS ARREST, THEN YOU MAY OBTAIN A RESTRICTED "WORK" LICENSE IN A MISDEMEANOR DUI CASE AFTER THE FIRST 30 DAYS OF THE DMV SUSPENSION ONCE SANTA ROSA DDP HAS CONFIRMED WITH SACRAMENTO DMV THAT YOU ARE ALREADY ENROLLED IN DDP CLASSES AND IF YOU HAVE AN SR-22 INSURANCE DOCUMENT (SEE "INSURANCE" BELOW) ON FILE WITH THE DMV.
SONOMA, NAPA, AND MARIN COUNTIES EACH HAVE ONLY ONE DDP. USUALLY DDP'S HAVE A WAITING LIST TO ENROLL, SO IF YOU WAIT TOO LONG THEN YOUR REQUIRED SUSPENSION PERIOD WILL BE UNNECESSARILY LONGER THAN THE MANDATORY 30 DAYS. IF YOU ARE ARRESTED FOR DRIVING ON A SUSPENDED LICENSE DUE TO A DUI, THE PENALTIES ARE SEVERE AND EXPENSIVE.
BE PREPARED.
UNNECESSARY FRUSTRATION AWAITS YOU IF YOU'RE NOT PREPARED AND YOU DON'T KNOW THE RULES. IN SONOMA COUNTY YOU MUST SIGN UP WITHIN 21 DAYS OF SENTENCING IN SANTA ROSA COURT, IF YOU HAVE NOT ALREADY DONE SO. TAKE ALL OF YOUR PAPERS WHEN YOU GO TO ENROLL. TAKE A CHECK FOR THE INITIAL FEE. BEFORE YOU ENROLL, ASK YOUR SONOMA COUNTY ATTORNEY WHICH PROGRAM LENGTH IS CORRECT, RATHER THAN RELYING ON INFORMATION FROM THE SANTA ROSA DDP. BE SURE YOU CAN SUPPLY YOUR SONOMA COUNTY SUPERIOR COURT CASE NUMBER, AND A FORM H-6 DRIVERS LICENSE HISTORY WHICH YOU CAN OFTEN OBTAIN FOR FREE FROM YOUR LAWYER OR FOR A NOMINAL FEE AT THE SANTA ROSA OR PETALUMA DMV PRIOR TO ENROLLMENT. NOTE THAT YOU MUST START CLASSES WITHIN 32 DAYS OF ENROLLMENT, BUT YOU CAN REQUEST A LEAVE OF ABSENCE AFTER YOUR FIRST CLASS.
IF THERE ARE FURTHER QUESTIONS ABOUT YOUR ABILITY TO ENROLL, CALL YOUR SONOMA COUNTY ATTORNEY WHILE YOU ARE STILL AT THE SANTA ROSA DDP SO THAT YOU CAN MINIMIZE STRESS AND INCONVENIENCE.
FOLLOW THE RULES.
ALTHOUGH THE DRINKING DRIVER PROGRAM IN SANTA ROSA WILL NORMALLY WORK WITH YOU ON NECESSARY ABSENCES (SUCH AS ILLNESS OR VACATIONS) IF YOU CONTACT THE PROGRAM IN A TIMELY FASHION (I.E. PRIOR TO THE ABSENCE), STILL, THE SONOMA COUNTY DDP AND THE RULES THEY ENFORCE CAN BE TOUGH. YOU MUST SHOW UP ON TIME (THEY OFTEN CLOSE THEIR DOORS AT START TIME AND DO NOT ALLOW LATE ATTENDANCE). YOU WILL BE TURNED AWAY OR YOUR ENROLLMENT TERMINATED IF YOU HAVE ALCOHOL ON YOUR BREATH OR ARE OTHERWISE UNDER THE INFLUENCE. HOWEVER ENROLLMENT AND COMPLETION IN THE SANTA ROSA PROGRAM IS MANDATORY TO RETURN YOUR DRIVING PRIVILEGES TO NORMALCY, SO YOU SHOULD BE PREPARED TO FOLLOW THE RULES AND MEANINGFULLY PARTICIPATE.
TERMINATIONS.
IF YOU ARE TERMINATED FROM THE SANTA ROSA DDP, CONTACT YOUR SONOMA COUNTY ATTORNEY PROMPTLY TO SEE ABOUT A RE-REFERRAL, ESPECIALLY IF THIS IS YOUR SECOND OR HIGHER DUI. RULES ON RE-REFERRALS VARY AMONG COUNTIES. SONOMA COUNTY WILL RE-REFER SOME TERMINATIONS WITH A SIMPLE OVER-THE-COUNTER REQUEST AT THE COURT CLERK'S OFFICE.
IF YOU LIVE OR WORK IN A COUNTY OTHER THAN THE ONE WHERE YOU WERE SENTENCED, TALK TO YOUR LAWYER OR THE DDP PROGRAM ABOUT TRANSFERRING TO THE MOST CONVENIENT PROGRAM SUCH AS THE ONE IN MARIN, OR NAPA OR SAN FRANCISCO.
YOU CAN FIND EARLY CONTACT INFORMATION ON THIS SITE BY CLICKING ON BEST LINKS AND THEN UNDER "DUI COMPLIANCE" CLICK ON ONE OF THE DRINKING DRIVER PROGRAM LINKS. SONOMA, NAPA, MARIN AND ALL THE BAY AREA'S STATE-LICENSED DDP'S ARE LISTED.
DRINKING DRIVER PROGRAM POLICIES AND DECISIONS MAY BE CHALLENGED.
PEOPLE ARE OFTEN TOLD THEY MAY NOT ENROLL IN A DUI PROGRAM UNTIL CONVICTED OF A DUI. THIS IS FALSE AND FOLLOWING SUCH ADVICE MAY LEAD TO A LONGER SUSPENSION PERIOD THAN REQUIRED BY LAW. IF YOU RECEIVE ANY ADVICE FROM A DUI PROGRAM, OR IF YOU BELIEVE YOU WERE WRONGFULLY TERMINATED, THEN CONTACT A SONOMA COUNTY LAWYER TO DISCUSS ALTERNATIVES AND REMEDIES. DRINKING DRIVER PROGRAMS ARE ACCOUNTABLE TO THE COURTS WHERE THEIR DECISIONS MAY BE CHALLENGED, AND TO THE CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS WHERE THEY ARE REGULATED BY STATE ADMINISTRATORS. DON'T ALLOW YOURSELF TO BE INTIMIDATED OR SUFFER UNNECESSARY CONSEQUENCES OF INACCURATE ADVICE FROM DDP STAFF WHO OFTEN DO NOT FULLY COMPREHEND ALL OF THE APPLICABLE LAWS. THE DDP AND THE COURTS OFTEN MAKE INADVERTENT MISTAKES OR SET POLICIES WHICH ARE ONLY CONVENIENT TO THEIR OWN AGENDA BUT OFTEN MAY BE CLARIFIED, CORRECTED OR CHALLENGED.
5. TRAFFIC TICKETS AND UNPAID FINES
IF YOUR DRIVING PRIVILEGES ARE SUSPENDED DUE TO UNPAID TRAFFIC TICKETS, THEN IF YOU PAY OFF THE TICKETS, THE SONOMA COUNTY COURT IN SANTA ROSA WILL RELEASE ITS HOLD ON YOUR LICENSE AND YOU WILL BE ABLE TO REACQUIRE YOUR DRIVING PRIVILEGES. THE COUNTY WHERE YOU GOT THE TICKET WHILE DRIVING IS THE COUNTY WHICH MUST LIFT ITS HOLD, NOT THE DMV OR YOUR COUNTY OF RESIDENCE IF YOU LIVE OUTSIDE SONOMA COUNTY. EACH COUNTY WHICH HAS A HOLD ON YOUR LICENSE FOR NONAPPEARANCE OR NONPAYMENT MUST BE ADDRESSED SEPARATELY.
COLLECTION PROBLEMS AND UNAFFORDABLE LATE FEES.
IF YOU HAVE A CURRENT CRIMINAL COURT CASE OF ANY KIND IN SONOMA COUNTY (A SERIOUS CASE OR EVEN JUST ANOTHER TRAFFIC TICKET), YOU CAN ASK THE JUDGE IN THE CURRENT CASE TO EXAMINE YOUR OLD TICKETS AND DISMISS SOME OF THEM, AND/OR REMOVE THE LATE PENALTY FEES AND SET UP A PAYMENT PLAN FOR THE REMAINDER OF THE FEES SO THAT YOU CAN AFFORD TO PAY AND SUCCESSFULLY CAUSE THE REMOVAL OF THE SONOMA COUNTY HOLD ON YOUR LICENSE. YOU OR YOUR SANTA ROSA LAWYER CAN POINT OUT TO THE COURT THAT IF YOU CAN DRIVE LEGALLY, THEN YOU MAY NOT HAVE AS MANY LEGAL PROBLEMS IN THE FUTURE AND YOU MAY BE ABLE TO START GETTING YOUR LIFE BACK IN ORDER BY ADDRESSING SUBSTANTIAL PERSONAL CHALLENGES SUCH AS EMPLOYMENT, CHILD CARE, ETC.
IF YOU ARE ONLY ABLE TO AFFORD THE ORIGINAL BAIL AMOUNT OF THE TICKETS THEN YOU MAY WISH TO CONSIDER PAYING THAT AMOUNT AT THE SANTA ROSA COURTHOUSE AND PETITIONING THE SONOMA COUNTY TRAFFIC COURT TO WAIVE THE LATE PENALTY FEES ON ANY REMAINING TOTALS. THIS APPROACH TYPICALLY WORKS BEST WHEN YOU HAVE A VALID REASON FOR NONPAYMENT WITHIN THE ALLOWED TIME, SUCH AS MILITARY SERVICE, INCARCERATION, HOSPITALIZATION, OR DEATH OF A FAMILY MEMBER. ANY HARDSHIP REASONS SHOULD BE INCLUDED IN SUCH A PETITION TO THE COURT, INCLUDING ECONOMIC AND FAMILY HARDSHIP.
YOU MAY WISH TO WRITE A LETTER TO THE SONOMA COUNTY TRAFFIC COURT JUDGE IN SANTA ROSA TO ASK FOR LENIENCY DUE TO EXTRAORDINARY CIRCUMSTANCES WHICH PREVENTED YOU FROM APPEARING OR PAYING IN A TIMELY FASHION. A SUCCINCT, WELL-WRITTEN LETTER MAY ACCOMPLISH THE RELAXATION OR REMOVAL OF A SUBSTANTIAL AMOUNT OF YOUR ACCUMULATED TOTAL.
YOU MAY OBTAIN CONTACT INFORMATION ON THIS SITE FOR THE SONOMA COUNTY COURTS AND THE TRAFFIC, FINES AND COLLECTION DEPARTMENTS IN SANTA ROSA BY CLICKING HERE ON SONOMA COUNTY TRAFFIC COURT .
6. TOO MANY NEGLIGENT OPERATOR POINTS
DRIVERS ACCUMULATE DMV BAD DRIVER "NEGLIGENT OPERATOR" POINTS WHEN CITED FOR CERTAIN VEHICLE CODE VIOLATIONS IN SONOMA COUNTY. TYPICALLY YOU RECEIVE A WARNING LETTER FROM THE SAN FRANCISCO OR SACRAMENTO DMV AS YOU APPROACH THE MAXIMUM ALLOWABLE POINTS IN A GIVEN PERIOD OF TIME, 4 POINTS IN 12 MONTHS, 6 POINTS IN 24 MONTHS OR 8 POINTS IN 36 MONTHS. ALTHOUGH A CLASS A OR B COMMERCIAL DRIVER WITHOUT A SPECIAL CERTIFICATE (SUCH AS HAZMAT) MAY BE ALLOWED 2 ADDITIONAL POINTS, A VIOLATION RECEIVED IN A COMMERCIAL VEHICLE CARRIES 1-1/2 TIMES THE POINT COUNT NORMALLY ASSESSED (12810.5b VC). A MINOR, UNDER 18 YEARS OLD, MAY RECEIVE A 30-DAY RESTRICTION FOR 2 POINTS IN 12 MONTHS, OR BE SUSPENDED FOR 3 POINTS IN 12 MONTHS (12814.6 VC).
THE DMV HEARING.
IF YOU REACH OR EXCEED THESE LIMITS, THEN USUALLY YOU WILL BE SENT A LETTER OF REEXAMINATION OR SUSPENSION FROM SAN FRANCISCO OR SACRAMENTO DMV (CLICK HERE TO SEE A REAL EXAMPLE OF A DMV ORDER OF PROBATION AND SUSPENSION) WHICH PROVIDES YOU THE OPPORTUNITY TO HAVE A HEARING AT THE SANTA ROSA OR PETALUMA DMV HEARING OFFICE TO EXPLAIN ANY EXTENUATING OR MITIGATING CIRCUMSTANCES OR UNFAIRNESS, AND THAT YOU UNDERSTAND THE DANGER AND ILLEGALITY OF BREAKING TRAFFIC LAWS, AND HOW YOU INTEND TO STOP SUCH VIOLATIONS IN THE FUTURE. A RESTRICTED "WORK" LICENSE, OR PROBATION (A PROMISE OF NO MORE VIOLATIONS FOR A CERTAIN PERIOD) ARE ALTERNATIVES TO AN OUTRIGHT SUSPENSION.
IF YOU AND YOUR SONOMA COUNTY LAWYER ARE EFFECTIVE IN THIS HEARING, THEN YOU MAY AVOID AN INTERRUPTION OF DRIVING PRIVILEGES. SEE HERE AN EXAMPLE OF A DMV DECISION ORDERING PROBATION ONLY.
NORMALLY IT IS ADVISABLE TO REQUEST ANY HEARING OFFERED TO YOU WITHIN THE STATED TIME GIVEN TO REQUEST SUCH A HEARING. HIRING A LAWYER IS NOT NECESSARY BUT HAVING A LOCAL SONOMA COUNTY LAWYER BY YOUR SIDE DURING A HEARING IN SANTA ROSA OR PETALUMA WILL HELP YOU TO UNDERSTAND, AND EFFECTIVELY ADDRESS, THE ISSUES WHICH ARE IMPORTANT TO THE LOCAL DMV. DO NOT IGNORE DMV NOTICES OR THE OPPORTUNITIES THEY PROVIDE TO AVOID OR LESSEN THE CONSEQUENCES OF PAST CONDUCT. IN MOST CASES SUCH AS DEMONSTRATED IN THE EXAMPLE OF THE NOTICE ABOVE, YOU WILL BE SUSPENDED BY DMV FOR 6 MONTHS AND PLACED ON PROBATION (NO MORE TRAFFIC VIOLATIONS AT ALL OR LONGER SUSPENSION) FOR ONE YEAR. YOU MAY OBTAIN INFORMATION ON EXACTLY WHAT THE DMV CONSIDERS AT A HEARING, AND WHAT OPTIONS ARE AVAILABLE, BY CLICKING HERE ON DMV NEGLIGENT OPERATOR GUIDELINES .
THE COURT HEARING.
ABSENT OTHER DEFENSES TO A TRAFFIC TICKET, YOU MAY WISH TO ELECT TRAFFIC SCHOOL DURING THE TIME LIMIT PROVIDED AT THE BOTTOM OF YOUR ORIGINAL CITATION BY ASKING FOR THE TRAFFIC SCHOOL ALTERNATIVE AT THE SONOMA COUNTY TRAFFIC COURT. THIS MAY HELP YOU TO AVOID ANY ADDITIONAL POINTS WHICH WOULD CAUSE YOU TO MEET OR EXCEED THE POINT LIMITS. IF YOU HAVE ALREADY LOST YOUR LICENSE DUE TO TOO MANY POINTS, THE ONLY WAY TO RE-OBTAIN YOUR DRIVING PRIVILEGES PRIOR TO THE EXPIRATION OF AN IMPOSED SUSPENSION MAY BE TO SEEK HELP IN OBTAINING COURT DISMISSAL OF ONE OR MORE PRIOR CITATIONS THAT CAUSED THE POINTS ON YOUR DRIVING RECORD. THIS IS PARTICULARLY TRUE IF YOU WERE ON DMV PROBATION ALREADY AND PICKED UP YET ANOTHER CITATION THEREAFTER.
IF THE SONOMA COUNTY COURT IS WILLING TO DISMISS PAST TRAFFIC TICKETS (USUALLY WHEN YOUR SANTA ROSA LAWYER CAN EFFECTIVELY SHOW COMPELLING PERSONAL SITUATIONS OR OFFER TO RESOLVE EVERYTHING PENDING IN COURT AT ONE TIME) THEN TYPICALLY WE CAN GO BACK TO THE SANTA ROSA DMV AND ARGUE THAT YOUR POINTS REDUCTION COMPELS RETURNING YOUR LICENSE.
YOU MAY OBTAIN MORE INFORMATION ON THIS SITE ABOUT THE POINTS SYSTEM BY CLICKING HERE ON DMV BAD DRIVER POINTS .
7. PHYSICAL & MENTAL HEALTH SUSPENSIONS
WHY THE SUSPENSION?
SOMETIMES MEDICAL EMERGENCIES OR OTHER PHYSICAL OR MENTAL EPISODES WILL RESULT IN LOSS OF DRIVING PRIVILEGES. TYPICALLY THIS OCCURS WHEN DOCTORS, POLICE OR OTHER PROFESSIONALS COMPLY WITH THEIR LEGAL REQUIREMENT TO INFORM DMV IF A CONDITION APPEARS TO REASONABLY AFFECT YOUR ABILITY TO SAFELY OPERATE A VEHICLE. OFTEN THIS PROCESS BEGINS WITH A POLICE OFFICER SERVING ON YOU A DS427 NOTICE OF REEXAMINATION. ALTHOUGH THE DMV RECOGNIZES THAT THESE KINDS OF CONDITIONS ARE NOT YOUR FAULT, STILL, A HEARING MAY BE REQUIRED, NOT TO MAKE YOU DEFEND ANYTHING PER SE, BUT RATHER TO DETERMINE IF YOUR CONTINUED DRIVING MAY BE A HAZARD TO THE SAFETY OF YOU AND THOSE AROUND YOU.
AS WITH ANY DMV NOTICE, IT IS CRITICAL THAT YOU READ AND UNDERSTAND THE CONTENTS OF ANYTHING SERVED ON YOU BY A SONOMA COUNTY PEACE OFFICER OR ANYTHING YOU RECEIVE IN THE MAIL FROM DMV. BE SURE THAT THE DMV HAS YOUR CURRENT MAILING ADDRESS. BE SURE THAT YOU ACT PRIOR TO ANY DEADLINE FOR CONTACTING DMV. TALK TO A LOCAL SONOMA COUNTY LAWYER SUCH AS JAKE IMMEDIATELY IF YOU DON'T UNDERSTAND THE PROCESS. OBVIOUSLY, IN THESE CIRCUMSTANCES IT IS IMPORTANT TO ACT QUICKLY TO REMEDY THE CONDITION IF POSSIBLE, OR DEMONSTRATE ADEQUATE MODIFICATION OR ACCOMMODATION WHICH RESOLVES CONCERN FOR UNSAFE DRIVING, OR PROVE THERE IS NO LEGITIMATE DRIVING-RELATED CONCERN.
THE MEDICAL EVALUATION FORM.
NEARLY EVERY MEDICAL CONDITION HEARING IN SANTA ROSA IS DRIVEN BY THE ALL IMPORTANT MEDICAL EVALUATION FORM. ONE OF THESE MAY HAVE BEEN THE INITIAL REASON FOR A CURRENT SUSPENSION. A DRIVER SUBJECTED TO DMV SCRUTINY TYPICALLY MUST OBTAIN A MEDICAL REPORT FROM THE ORIGINAL OR MAIN TREATING PHYSICIAN WHICH REFLECTS THE ABSENCE, ELIMINATION OR ADEQUATE CONTROL OF THE CONDITION WHICH IS CAUSING DMV SCRUTINY.
YOU CAN FILL OUT THE MEDICAL EVALUATION ONLINE, PRINT IT TO PROVIDE TO THE RELEVANT ORIGINAL OR MAIN TREATING PHYSICIANS, THEN BE SURE TO GET IT BACK DIRECTLY FROM YOUR DOCTOR(S) TO COMPLETE YOURSELF WITH SUPPORTING MATERIALS AND SEND TO A SONOMA COUNTY LAWYER FOR REVIEW. YOU OR YOUR LAWYER SHOULD GENERALLY REVIEW THE REPORT PRIOR TO USE AT A FORMAL HEARING IN ORDER TO ENSURE THIS IS THE RIGHT TIMING AND THAT THE EVALUATION IS FAIR AND CONSISTENT. THIS TYPE OF REVIEW OF THE DOCTOR'S COMMENTS MAY OFTEN PREVENT UNNECESSARY CONTINUING SUSPENSION IF THE FORM WAS COMPLETED INACCURATELY OR ILLEGIBLY. IT CAN TAKE WEEKS TO GET THE FORM COMPLETED, AND SCHEDULE A SANTA ROSA DMV HEARING, SO IT IS IMPORTANT TO START THIS PROCESS AS SOON AS YOU BECOME AWARE OF FORMAL DMV PROCEEDINGS. CLICK HERE FOR THE FORM: DRIVER MEDICAL EVALUATION.
THE HEARING.
TYPICALLY YOU WILL RECEIVE A NOTICE OF REEXAMINATION STATING THAT YOU HAVE AN OPPORTUNITY TO PRESENT EVIDENCE AS TO YOUR ABILITY TO DRIVE. USUALLY IT IS IMPERATIVE THAT YOU RESPOND WITHIN THE REQUIRED TIME BY ASKING FOR A HEARING IN SANTA ROSA AND THEN PRESENTING ANY EVIDENCE, INCLUDING THE PROPER, FULLY COMPLETED DMV MEDICAL FORMS, TO SHOW YOUR CONDITION DOES NOT AFFECT SAFE DRIVING. A LOCAL SONOMA COUNTY LAWYER CAN HELP YOU THROUGH THIS PROCESS WITH THE LEAST POSSIBLE STRESS.
YOU MAY BE DENIED REINSTATEMENT OF YOUR LICENSE IF THERE HAS NOT BEEN ADEQUATE TIME OR INFORMATION TO EVALUATE YOUR CONDITION. IF YOU ARE DENIED REINSTATEMENT AT THE SANTA ROSA OR PETALUMA HEARING OFFICE, YOU MAY REQUEST A NEW HEARING OR INTERVIEW ONCE ADEQUATE TIME HAS ELAPSED AND YOU HAVE NEW OR MORE RESPONSIVE OR COMPLETE EVALUATIONS WHICH SHOW YOUR CONDITION NO LONGER AFFECTS SAFE DRIVING.
TYPICALLY IF THE WRITTEN MEDICAL EVALUATION IS SATISFACTORY TO THE SANTA ROSA DMV, YOU WILL BE REQUIRED TO TAKE A SPECIAL DRIVE TEST AND/OR WRITTEN TEST TO CONFIRM YOUR DRIVING AND COGNITIVE SKILLS.
ALTERNATIVES TO A COMPLETE SUSPENSION MAY BE APPROPRIATE AND WORTH EXPLORING, SUCH AS A RESTRICTION TO DAYTIME OR LIMITED DRIVING.
CLICK HERE ON DMV PHYSICAL & MENTAL GUIDELINES FOR ADDITIONAL INFORMATION ON WHAT THE SANTA ROSA DMV CONSIDERS IN THESE TYPES OF HEARINGS. MANY CONDITIONS AND CONSIDERATIONS ARE LISTED.
8. SENIOR DRIVER SUSPENSIONS
WHY SENIORS?
SOMETIMES AN ENCOUNTER WITH LAW ENFORCEMENT OR OTHER SITUATIONS MAY RESULT IN SAN FRANCISCO OR SACRAMENTO DMV NOTIFICATION THAT AN ELDERLY DRIVER SHOULD BE RE-EXAMINED TO CONFIRM SAFE DRIVING SKILLS. IF YOU ARE NOTIFIED OF SUCH A REEXAMINATION, YOU SHOULD CONSIDER REQUESTING A HEARING IN SANTA ROSA WITHIN THE TIME ALLOWED FOR SUCH A REQUEST SO THAT YOU MAY HAVE THE OPPORTUNITY TO EXPLAIN ANY UNFAIR DECISION AND DEMONSTRATE YOUR ABILITY TO DRIVE SAFELY. AS WITH MEDICAL SUSPENSIONS, THE DMV RECOGNIZES THAT YOUR AGE AND ANY NEED TO SHARPEN SAFE DRIVING SKILLS ARE NOT YOUR FAULT. THIS IS AN OPPORTUNITY TO SHOW YOU ARE NOT A HAZARD ON THE ROADS. AS WITH ANY GOVERNMENTAL HEARING, A LOCAL SONOMA COUNTY LAWYER CAN BE EXTREMELY HELPFUL GUIDING YOU THROUGH THE PROCESS.
OFTEN SUCH A HEARING WILL RESULT IN THE OPPORTUNITY TO TAKE ONE OR MORE DRIVE TESTS AND A WRITTEN KNOWLEDGE TEST SO THAT YOU CAN SHOW SAFE DRIVING AND ADEQUATE COGNITIVE ABILITY. YOU MAY BE TESTED ANNUALLY THEREAFTER.
IMPROVE YOUR CHANCES OF SUCCEEDING.
ALTHOUGH ELDERLY DRIVERS CAN BE AMONG THE SAFER OPERATORS ON THE ROAD BECAUSE OF SHEER EXPERIENCE, STILL, YOU MAY WISH TO CONSIDER REVIEWING THE GENERAL WRITTEN TEST HANDBOOK (CLICK HERE TO SEE THE DMV 2008 HANDBOOK) AND TAKING A DRIVER TRAINING COURSE SPECIALIZING IN TEACHING THE ELDERLY SAFE DRIVING TECHNIQUES THAT MAY HAVE BEEN FORGOTTEN OVER THE YEARS. THE SANTA ROSA DMV TESTS FOR CERTAIN IDENTIFIED INDICATORS OF SAFE DRIVING WHEN TESTING THE ELDERLY (SUCH AS PERFORMANCE MERGING, CHANGING LANES AND BACKING UP), SO A SPECIALIZED PRACTICE AND TRAINING COURSE MAY MINIMIZE THE CHANCES OF LATER DISAPPOINTMENT. YOU MAY WISH TO EXAMINE THE DMV SENIOR GUIDE FOR SAFE DRIVING TO STUDY MANY COMMON ISSUES SENIOR DRIVERS FACE. CLICK HERE TO ACCESS SOME OF THE DMV APPROVED SENIOR REFRESHER COURSES. IN MOST CASES, THE DMV WILL ALLOW A RESTRICTED LICENSE WHICH CAN ALLOW DRIVING WITH AN INSTRUCTOR IN THE VEHICLE UNTIL THE NEXT DRIVE TEST IS TAKEN.
MOST DRIVERS HAVE CERTAIN TIMES OF DAY AND CERTAIN AREAS IN WHICH THEY ARE MOST COMFORTABLE. IT IS ALWAYS BEST TO SCHEDULE YOUR TESTS AT TIMES AND IN PLACES WHERE YOU ARE MOST ABLE TO DEMONSTRATE YOUR SKILLS RATHER THAN IN UNFAMILIAR OR LESS COMFORTABLE CONDITIONS. FOR EXAMPLE, IF YOU LIVE IN SANTA ROSA, IT WOULD NOT NORMALLY BE WISE TO SCHEDULE YOUR DRIVE TEST IN PETALUMA, AND IF YOU'RE SLEEPY AFTER LUNCH, SCHEDULE YOUR TEST IN THE MORNING.
A LOCAL SONOMA COUNTY LAWYER CAN BE VERY HELPFUL IN ELDERLY DRIVER SUSPENSIONS TO LITERALLY HOLD YOUR HAND DURING THE RE-EXAMINATION HEARING IN SANTA ROSA OR PETALUMA, AND TO HELP OBTAIN A PROVISIONAL LICENSE TO TAKE THE DRIVER REFRESHER COURSE AND TO ADDRESS THE PRECISE ISSUES OF CONCERN TO DMV.
CLICK HERE ON DMV & SENIOR DRIVERS TO OBTAIN DETAILED INFORMATION ON HOW THE DMV APPROACHES SENIOR DRIVERS.
9. MINORS WITH DUI SUSPENSIONS
THE CRITICAL NEED RESTRICTED DRIVERS LICENSE.
IF YOU ARE UNDER AGE 21 AND LOST YOUR LICENSE DUE TO A FIRST DUI OR ZERO TOLERANCE CASE, THEN YOU MAY WISH TO CONSIDER APPLYING FOR A CRITICAL NEED LICENSE TO DRIVE IN SONOMA COUNTY IF YOU BELIEVE YOU CAN ADEQUATELY SHOW THE SACRAMENTO DMV THAT PUBLIC TRANSPORTATION IN YOUR AREA IS NOT SUFFICIENT TO ACCOMPLISH YOUR TRANSPORT TO AND FROM WORK OR SCHOOL OR YOU ARE THE PRIMARY MEANS OF TRANSPORTING A FAMILY MEMBER TO MEDICAL APPOINTMENTS.
IT IS OFTEN EXTREMELY HELPFUL TO ASK A LOCAL SONOMA COUNTY LAWYER TO PROVIDE AND REVIEW THIS APPLICATION SO THAT ELIGIBLE MINORS MAY MINIMIZE THE POSSIBILITY OF DENIAL OF APPLICATION. A SANTA ROSA LAWYER WILL BE SURE THAT THE ENTIRE APPLICATION IS COMPLETED, INCLUDING ALL REQUIRED SIGNATURES FROM PARENTS, SCHOOL OFFICIALS, EMPLOYERS AND/OR DOCTORS. WE REVIEW APPLICATIONS TO ENSURE THERE IS ADEQUATE SUPPORTING INFORMATION WHICH WE KNOW THE DMV SACRAMENTO OFFICE LOOKS FOR, SUCH AS BUS SCHEDULES, SUPPLEMENTAL EXPLANATIONS, AND ADDITIONAL DOCUMENTATION OF ANY KIND WHICH MAY SUPPORT THE APPLICATION.
IMPROVE YOUR CHANCES OF BEING APPROVED.
MAKE NO MISTAKE: THE DMV ONLY GRANTS UNDER-21 RESTRICTED LICENSES FOR TRULY CRITICAL NEEDS. SO GETTING A JOB AND/OR ENROLLING IN SCHOOL TYPICALLY INCREASES CHANCES OF GETTING THIS LIMITED LICENSE. THE NUMBER AND SEVERITY OF TRANSPORTATION HARDSHIPS INVOLVING CONFLICTS BETWEEN SCHOOL AND EMPLOYMENT INCREASE THE CHANCES OF BEING APPROVED, PARTICULARLY WHEN COUPLED WITH INADEQUATE OR COMPLETELY IMPRACTICAL FAMILY/PUBLIC TRANSPORTATION ALTERNATIVES. CLICK HERE TO BROWSE LOCAL COLLEGE CLASSES AT SONOMA STATE UNIVERSITY, AND SANTA ROSA JUNIOR COLLEGE, AND EMPIRE COLLEGE. SONOMA COUNTY TRANSIT IS ADEQUATE IN MANY AREAS SO CLICK HERE FOR SONOMA COUNTY TRANSIT SCHEDULES TO DETERMINE IF ALTERNATIVES EXIST FOR YOU. IF NOT, THEN PRINT OUT NEARBY ROUTES AND SCHEDULES TO ATTACH TO YOUR APPLICATION SO THAT THE DMV CAN READILY SEE THE LACK OF ALTERNATIVES GIVEN YOUR SITUATION.
APPLICATION FORM.
YOU CAN FILL OUT THE CRITICAL NEED APPLICATION ONLINE, PRINT IT TO COMPLETE WITH SUPPORTING MATERIALS, AND SEND TO A LAWYER FOR COMMENTS, REPRINT IF NECESSARY, AND OBTAIN SIGNATURES AND MAIL TO SACRAMENTO WITH YOUR ADDITIONAL DOCUMENTATION. THE FORM USUALLY TAKES AT LEAST TWO WEEKS FOR YOU TO PREPARE AND COMPLETE, PLUS AT LEAST A WEEK OR TWO FOR THE DMV TO CONSIDER, SO IT IS IMPORTANT TO START THIS PROCESS AS SOON AFTER YOU DETERMINE THE ONE-YEAR DMV SUSPENSION IS LIKELY. EVEN IF YOUR APPLICATION IS APPROVED, YOU MUST STILL SUFFER THE MANDATORY FIRST 30 DAYS SUSPENSION, SO THIS WOULD BE THE BEST TIME TO COMPLETE THE APPLICATION PROCESS. CLICK HERE FOR THE UNDER AGE 21 FORM: APPLICATION FOR CRITICAL NEED LICENSE.
10. COMMERCIAL DRIVERS WITH DUI SUSPENSIONS
RECENT LAW CHANGES.
THE CALIFORNIA LAW RECENTLY CHANGED TO COMPLY WITH FEDERAL MANDATES SO THAT COMMERCIAL DRIVERS NOW FACE A MANDATORY ONE-YEAR LOSS OF COMMERCIAL DRIVING PRIVILEGES UPON CONVICTION OR ADMINISTRATIVE SUSPENSION FOR A DUI. FOLLOWING THE ONE-YEAR LOSS OF PRIVILEGES, THE COMMERCIAL LICENSE MAY BE RE-OBTAINED ONLY AFTER SUCCESSFULLY RE-APPLYING AND PASSING ALL OF THE WRITTEN AND DRIVE TESTS AGAIN, AND RESUBMITTING ALL REQUIRED DOCUMENTATION. A SECOND SUCH INCIDENT OR COMBINATION OF OTHER CONVICTIONS REQUIRES A LIFETIME LOSS OF COMMERCIAL PRIVILEGES. YOU CAN OBTAIN A RESTRICTED LICENSE CLASS C LICENSE UNDER THE SAME ELIGIBILITY GUIDELINES AS OTHER CLASS C DRIVERS, BUT THERE IS NO HARDSHIP EXCEPTION FOR CLASS A OR B COMMERCIAL PRIVILEGES, EVEN IN THE MOST COMPELLING SITUATIONS OF PERSONAL OR ECONOMIC CATASTROPHE.
THE BEST WAY TO AVOID SUCH A SUSPENSION IS TO BEAT THE DMV, AND BEAT THE SONOMA COUNTY COURT CASE OR OBTAIN A REDUCTION OF CRIMINAL CHARGES IN SANTA ROSA. TYPICALLY YOU MUST WIN IN BOTH THE SANTA ROSA DMV OFFICE AND THE SANTA ROSA COURTHOUSE TO COMPLETELY PROTECT YOUR COMMERCIAL DRIVING PRIVILEGES.
LEGAL STUFF: ©
2007 DAVE JAKE SCHWARTZ. MAY NOT BE REPRODUCED WITHOUT PERMISSION. ALL RIGHTS RESERVED.
NOTICE: THE TIPS ABOVE ARE NOT LEGAL ADVICE BUT RATHER THEY ARE INFORMATION INTENDED TO
PROVOKE THOUGHT AND DISCUSSION.
LEGAL ADVICE CAN ONLY BE GIVEN BY A
LAWYER DIRECTLY TO HIS CLIENT AND MAY VARY ONCE FACTS AND YOUR INDIVIDUAL
CIRCUMSTANCES ARE KNOWN.
ALWAYS CONSULT WITH AN ATTORNEY BEFORE ACTING IN ANY MANNER WHICH MIGHT AFFECT YOUR
LEGAL RIGHTS OR LIABILITIES.

Evening & Weekend Appointments Available
DUI and DMV Consultations, Always Free
Dave
Jake Schwartz * Attorney
At Law * PO
Box 5604 * Santa Rosa,
CA 95402 * (707) 480-3383
California State Bar No. 138607

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