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Someone close to my family got second DUI in California. first one was 8 years ago in another state. He didn't get license suspended from the court accept the high $ 1500 fine , but DMV suspended his license for 1 whole year, I know he is very stupid guy , he needs punishment for that , he deserves this but somehow he losing his job because he can't drive to work , he has family to support. Is there anything he can do besides taking safety driver class, so he can get his license just for the work! Please tell me!! thanks

2007-04-04 20:44:49 · 5 answers · asked by sailu 1 in Politics & Government Law & Ethics

5 answers

The first issue is whether or not the other state DUI counts in California. In order for one state to recognize another state's DUI, they must be "substantially similar". California defines DUI to include "volitional movement". Other states, like Colorado, only require "physical control". So a conviction in a state like that does not count in California.

There are a number of other similar issues which must be explored. You should seek a good DUI attorney.

Finally, even if it all looks bad, an agreement may be available wherein your person is allowed a work restricted license.

2007-04-05 13:14:06 · answer #1 · answered by Kapsack & Bair - DUI Lawyers 2 · 0 0

In some states, and I don't know if California is one of them, a probabtionary license can be granted for driving with strict limitations (like driving to and from work). To get this, it usually involves the installation of a breathilizer device installed that the person has to breathe into and pass before the car will start. It is expensive to have them installed (approx $200) and rented ($60-90 per month).

As it is his second offense, he may not even qualify if they do have them in his state. He should check with his attorney or probation officer.

More than likely, he will need to either start lining up friends and family to get rides from or public transportation or find a job with within walking/bicycling/moped distance.

2007-04-05 01:23:48 · answer #2 · answered by bottleblondemama 7 · 0 0

A 2nd DUI with in jury is a very serious offense. Your friend is looking at possible prison time as this 2nd DUI will be considered a Felony Due to the injury. Speak to a Felony DUI Lawyer immediately to understand the defense to your 2nd DUI Felony Case

2016-05-17 21:16:47 · answer #3 · answered by ? 3 · 0 0

Sorry but you'll not find any sympathy or support for your family friend from me. Anybody who gets sloshed and then drives a couple of tons of steel and glass along public streets deserves the worst the law can do to them. Your friend should have thought about the repurcussions *before* he put the lives of innocent men, women and children in jeopardy.

2007-04-04 20:55:00 · answer #4 · answered by Chug-a-Lug 7 · 1 0

ride the bus or get a bike. that fool shouldnt drive period

2007-04-04 20:48:22 · answer #5 · answered by Anonymous · 2 0

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