You Want to Save Your License?

by Matthew on July 1, 2009

Concerning the California DMV and your license (plus states that have agreed to share information), you do not have the luxury of taking your time or procrastinating. You must formally notify the DMV that you want to keep your license immediately (you only have 10 calendar days from the date of arrest for most alcohol cases).

I can instruct you on how to notify the DMV properly (the information provided on the forms given to you by the arresting agency is usually wrong). I can tell you the 3 most common mistakes (traps) people make when initially dealing with the DMV. If you request a hearing, your license normally will not be suspended by the DMV unless or until the DMV gives you a hearing.

For a free consultation and help with notifying the DMV correctly, call today at (831) 657-0100. All conversations will be kept strictly confidential. I can usually give you a same day phone consultation. Because our office is local, we are very familiar with the Judges and prosecutors. Unlike out of town attorneys, we can give you specific legal advice for handling your case in the courtroom it will be assigned to AND we don’t just take a large fee and then hire local counsel to do the case anyway.

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Next post: 10 Most Common Mistakes Made By People Charged With DUI In Monterey & Santa Cruz

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Call Now If You Need Help-Especially With the Following:

High Blood Alcohol Level (especially if 2 times the legal limit or more):

It’s essential you talk with an attorney ESPECIALLY on a 1st offense. The government has lowered the enhancement level from .20 to .15. What this means is that if you are .15 or above, the jail time is significantly more, the DUI class can go from 3 months to 9 months (at a significantly higher tuition cost as well). The most expensive enhancement is the Ignition Interlock Device. Some judges require this on your car for 2-3 years at about $2,000-$3,000 – it’s a device you put on you car or cars that you blow into in order to start your car to show no alcohol on your breath and randomly while driving to keep the car going. The cost and the embarrassment factor are a big deal to many drivers. You can fight this and there are specific techniques that our office uses and has developed that may help avoid this enhancement on a 1st Offense.

COMMERCIAL DRIVERS

Most commercial endorsement drivers are not aware of these two new facts. (1) With a first offense, even in a regular non-commercial vehicle while not working, causes a 1 year loss of commercial driving privileges completely – you then have to re-apply for a brand new license, not just get it re-instated. (2) With a second offense, even off the job in a non-commercial vehicle, you are looking at losing your commercial license FOREVER. If your commercial license is important to you, then be prepared to fight.

ACCIDENT (Especially Injury)

First of all, if injury is involved, even if misdemeanor injury, you are looking at completely losing your license for one year, no restricted license allowed. These are especially serious cases and a good lawyer can many times mean the difference between going to prison or not going to prison.

MULTIPLE OFFENSES IN 10 Years

For 3 or more misdemeanor offenses in 10 years (even out-of-state prior offenses), you are looking at significant jail time potential, 120 days is the legal minimum on a 3rd offense misdemeanor and it’s usually more locally, up to 1 year in jail, plus any probation violations you may have can add additional time. A 2nd Offense can also mean a stiff jail sentence. On these cases, it’s especially important to know the players involved (the prosecutors and what they like and don’t like and the Judges to know their likes and dislikes). Local alternative sentencing techniques are especially important at these levels and above in order to avoid actual jail time, or at least minimize it.

Finally, when it comes to a 4th offense in 10 Years or any multiple offenses (even a 2nd) in ten years where your prior offense was a felony, the prosecutor can charge the new one as a felony (and usually do). GET AN EXPERIENCED DUI ATTORNEY. Our office regularly pulls prior offense, both in state and out of state, to see if we can attack them in court and get the charges lowered.

Call Today: (831) 657-0100
September 2010

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About (me) the Blogger, Ryan P. Murphy

Growing up in Santa Cruz, CA was a wonderful thing. In 1994, I graduated from Aptos High School and moved to Monterey, CA (why my practice concentrates in the 2 connected counties).

For the next several few years, I worked in the local community and went to college.

Eventually, while working in Monterey and attending California State University of Sacramento (yes, it was a commute and helped lead me to appreciate what I have in life). In 1999, I graduated from Sacramento State with a Bachelor’s of Science in Business Administration. I moved back to Monterey and continued to work in the local community.

In 2001, I enrolled in Monterey College of Law. During the 3rd year of law school, I was lucky enough to obtain an internship at the Monterey County Public Defender’s Office working on high end and complicated cases. These incredible experiences lead me to be retained at the San Benito County District Attorney’s Office where I was sworn in as a Certified Law Student. This position included handling criminal cases, motions, and trials. After working in San Benito for about a year, the District Attorney’s office hired me as the Paralegal.

In the summer of 2005, I graduated from Monterey College of Law with a Doctor of Jurisprudence and moved back to Santa Cruz. My position in San Benito as the Paralegal continued as I studied for and passed the California Bar Exam.

The District Attorney’s Office swore me in as a Special Deputy District Attorney after passing the bar. In this position, I handled all of the civil litigation in the office and worked with the California District Attorney’s Association.

After working in San Benito for about a year I realized I was much more defense oriented, especially for people not really belonging in the system, I took a position as a Deputy Public Defender in the Monterey County Public Defender’s Office. This position included working in the Juvenile and Superior Court System. My experiences let me into private practice where I could give even more attention to my clients.

I now concentrate on Driving Under the Influence (DUI) cases, which includes driving under the influence of prescription medication, and illegal substances (many people mistakenly believe DUI can only be charged for alcohol). My firm handles all criminal matters and can help you out with most related matters. One of the unique features of my firm is that I limit the number of cases I take - I learned this is required from my experience in the public defender's office.