Does Someone Have To Install An Ignition Interlock Device Prior To Court Date?
The DMV typically would not require an ignition interlock device on anyone, unless they were already a multiple offender and they were already required to have that device for a prior DUI. This is actually a diverted question because it involves legislation. The word on the street is that it has been pushed back to 2019 when this law will change. If it does happen and what I am told is that when someone is arrested for a DUI, they would be able to start driving again if they have an ignition interlock in their vehicle.
Those are the protocol lobbyists that are pushing these laws. Their company has these interests. The problem with this is it is guilty before proven guilty and it can interfere with most folks’ lives. But these are the consequences that you face and in society, so many people are getting hurt, maimed and killed in DUI accidents. If they are going to do this for DUIs, we would like to know what will become of even greater problems like distracted driving; using electronic devices for instance, because it needs to be that the driver has a chance of seeing objects ahead of them whereas a distracted driver is too bothered to notice dangerous situations.
We will see what happens with legislation on cell phone use. However, the penalties are much less than that for a DUI. It is an interesting area that is constantly changing as society and technology moves on.
Can Someone Request A DMV Hearing If They Have Missed The Scheduled Date?
Typically what happens is if someone does not get a request in for a DMV hearing within ten court days and they have not talked to an attorney, I will remind them that we only have ten days to request this hearing. We have to proceed quickly because those ten days go very fast. If not, then we can ask the DMV for a delayed hearing. Sometimes we get it, but if we do we do not get the stay of suspension which allows you to keep driving beyond the thirty day mark. It is very difficult to get a DMV hearing if you do not stay within the time schedule.
Can Anything From A DMV Hearing Be Used As Evidence In The Criminal Side OF A DUI Case?
Absolutely and vice versa. We get a lot of our discovery, reports, accuracy reports, finishing lines, maintenance reports and calibration records. We have to go through this stuff which we can use to help us in a DMV case, and we can subpoena some of this information through the DMV and that would help in our cases. In a DMV case, an officer will usually testify. We can look at how they testify and we can then help our clients to make decisions on whether or not they want to take their case to trial.
Sometimes you see clients saying, “Look at all the inconsistencies versus the police report. Let’s Go” or they may say, “I’m not looking so good with this officer testifying and they are going to be in front of 12 people at a jury trial. I don’t want to do this.” It can easily influence a lot of things. It can go either way.
Are There Any New Laws In Regards To DUI Charges In California?
Yes, for veterans. There is a veteran’s diversion program. There are certain offenses that can divert out of the criminal system. DUIs were not previously, but now they are. There are a lot of different cases which have come out that say a DUI should be part of this diversion program. It depends on the penalty and the region you are in. But, right now it is very favorable for our veterans.
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