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In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one's driver's license, we often hear clients comment, "If they suspend my license, I will lose my job." Other times, the client says their license is vital to transporting a sick parent to a doctor.
The likely response by a prosecutor to such a consequence is, "well, you should have thought about that before you started drinking" or something similarly sarcastic.
The client facing such hardships or collateral effects is not always without recourse. Under Vehicle Code § § 13353.8 (anyone) and 13202.5(c) (in the case of a person under 21), a California driver's license holder can petition the DMV to issue a restricted license in lieu of suspension based on a "critical need" to drive. This restricted license can be based upon three basic grounds in general – school, medical needs or employment. More specifically, they are:
1) School or other public transportation options are inadequate for regular attendance at school and other activities authorized by the school. This application requires a signature by the school principle verifying such facts. The DMV may then issue a restricted license or even a junior permit allowing restricted driving privileges to and from school and school activities only.
2) City or county transportation options are inadequate and operation of a vehicle is necessary due to the illness of a family member. The applicationneeds to be signed by a physician familiar with the illness and should provide a diagnosis, as well as an estimated date when the need for emergency transportation will end.
3) Public transportation is inadequate and the individual needs use of amotor vehicle to travel to and from employment, the pay from which is essential to providing food, clothing and shelter. Essential in this context means that the pay from work must constitute a substantial portion for an individual's or the family's basic life necessities.
In our experience, when applying for such a "critical needs" restricted license, it is smart to "go all out." We recommend printing out a current public bus transportation route map to show the DMV that the public bus stop nearest one's home is far away. It is also best to show that other members of the household, by name and date of birth, do not have a valid driver's license.
We also recommend presenting the judge handling the case a declaration explaining why such a license is necessary and asking for the court to find that the need to drive of our client is a "critical need." We then present this to the DMV to help our client's application. In some cases, this request can prevent the court from notifying the DMV that a suspension is in order.
If the court does notify the DMV of the conviction, an actual thirty day suspension must usually be served prior to issuance of a restricted license. If the DMV approves such a restricted license, a $125 license reissue fee must be paid and proof of insurance must be shown.
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