DMV Defense Help

Whether you are recovering from the suspension of your driver license following a DUI or trying to restore your driving privilege after an accumulation of too many moving violations, there are an array of professionals ready to assist you in getting back on the road. If you would like personal assistance in reaching any of these companies, just call CDA. We’re here for you. You don’t have to be alone. Helpful services in Southern California on these topics:

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[fusion_toggle title=”DUI Attorneys” open=”no”]Visits our DUI Attorney Page Here.[/fusion_toggle][fusion_toggle title=”Other Local Attorneys” open=”no”]

[/fusion_toggle][fusion_toggle title=”Auto Insurance” open=”no”]As discussed repeatedly in this website, The California Department of Motor Vehicles has the power to restrict, suspend or revoke a person’s driving privilege for a variety of reasons. In almost all instances where a driver is attempting to reinstate his or her driving privilege, the DMV will require the filing of an SR-22 Form.

The SR-22 Form is a document issued by licensed insurance carriers which certifies that a driver is financially responsible for their driving. The SR-22 Form is an insurance document which, in addition to one’s standard auto insurance, signifies that a “high-risk” driver is financially able to cover the cost of damage, injury or death which may occur as a result of his or her return to the road.

In years past, a driver would simply approach their auto insurance provider, pay a large fee and be issued an SR-22 Form which would then be hand-carried by the driver to a local DMV Office for filing. Today, however, California Law requires that the SR-22 Form be electronically filed by the insurance provider. Once your insurance provider sends the electronic copy of the SR-22 Form to the DMV, there can be a significant delay before the DMV processes the form and inserts it into the driver’s record. Based on this, drivers should be aware that reinstatement of his or her driving privilege may be delayed by as much as 10 days after before it is properly posted to the driving record.

In the State of California, there are three separate versions of the SR-22:

• Operator’s Policy
  This version covers the financial responsibility of a driver who does not own a vehicle.
• Owner’s Policy
  This version covers the financial responsibility for vehicles owned by the driver.
• Broad Coverage Policy
  This version covers the financial responsibility for vehicles that are owned or not owned by the driver.

California Insurance Laws are quite complicated and we feel strongly that you should be guided by someone you can trust. CDA is proud to refer all our clients to:

Your DUI Solutions

8862 Garden Grove Blvd.,Suite 207

Garden Grove, CA 92844

(844)404-3344, Or call Tony Toscano directly at (714) 263-5566

View their website here: http://www.yourduisolutions.com/

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If you have been convicted of an alcohol related offense in California, the law grants Judges the discretion to order the installation of an Ignition Interlock device, often referred to as an “IID,” in your car for a specified period of time. In addition to granting any judge the discretion to make such an order, California is now experimenting with a pilot program where offenders in 5 specific California Counties (including Los Angeles), MUST install an IID device as a condition of probation.

Simply defined, an Ignition Interlock Device is a “breathalyzer” that a driver must blow into before his or her car will start. As simple as that sounds, you should make no mistake, IID devices are sophisticated scientific devices that judges and the DMV rely upon to keep our roadways safe. Employed correctly, the IID device will allow a sober driver the freedom to conduct their daily lives; however, a malfunctioning IID device can wind up erroneously violating one’s probation. This can result in a re-suspension of the driver license and can cause you to suffer jail time.

Since the 1990’s, there have been tremendous strides made in the technology and reliability of these devices. Today, the IID can be installed quickly and be remotely monitored by the parent company who then prepares reports to the court and DMV reflecting the driver’s compliance with their orders.

Times are changing. In older models, the driver simply blew into the IID and, if alcohol was not present, the engine would start. Today, current models additionally require “rolling retests” to ensure that the driver operating the car is as sober as the person who started the car. In the near future, miniature cameras mounted in the motorist’s car will capture images of the person operating the vehicle.

There are many Ignition Interlock companies in California who are licensed to install and monitor the IID device. CDA is proud to be associated with:

Life Safer Interlock Systems
Phone: (888) 812-9495
Website: Ignition Interlock Device

Life Safer has more than 20 locations in Southern California to assist you. CDA has found this company to be reliable and staffed by people who will guide you through what is an otherwise confusing system.

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Many of our clients are confronted by legal or administrative issues that can be resolved quickly without the need for an attorney. In some instances, the simple preparation and filing of appropriate legal documents can resolve an issue without the cost of hiring legal counsel.

For example, there are some instances in a DMV administrative hearing where presenting evidence of rehabilitation may encourage a DMV Hearing Officer to reinstate a person’s driving privilege. One way a driver may demonstrate rehabilitation is by proving that a prior criminal conviction has been “expunged.” The legalities and limits of an “expungement” are discussed elsewhere in this site; however, the expungement process begins with the proper preparation and filing of a “Petition for Expungement” with the appropriate court. As overwhelming as this may seem, it is actually a fairly straight‐forward process, providing you know what you are doing.

California Drivers Advocates is proud to be associated with the team at “Just Document Preparation.” Based in Riverside, Just Document Preparation has several offices throughout Southern California and is owned and directed by Ms. Annette Gomez.

A college graduate, Annette is also a licensed Paralegal and has years of experience serving people who require legal document preparation without the cost of hiring an attorney. Annette and her team of Legal Document Assistants are experienced in a vast area of document preparation. They know what they are doing, and they do it right.

If you need assistance with the proper preparation of legal documents, please accept our referral to Just Document Preparation.

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Sometimes referred to as “Defensive Driving Schools,” California Traffic Schools are licensed and monitored by the State of California. Classically, a driver will enroll and attend a traffic school either in-person or on-line after they have received a traffic citation. In some instances, a California driver can avoid a “point” on his driving record and can therefore avoid an increase in insurance rates, if he or she attends and completes a California Traffic School.

There are a few requirements that must be met to have a traffic citation “removed” from the point system:

• The traffic school attended must be a minimum of 400 minutes (6.5 hours) in length.
• Commercial drivers are not eligible to avoid a point accumulation by attending traffic school.
• The driver must not have attended traffic school for a violation occurring within the preceding 18 months (Date of violation to date of violation).
• Any convictions assigning “two” points (i.e. DUI, reckless driving, etc), may not be resolved by attendance at traffic school.

In addition to avoiding an accumulation of points on one’s driver license, California Drivers Advocates will often encourage our clients to enroll in a Traffic School while defending themselves against an administrative suspension for being a Negligent Operator or at a Physical and Mental Hearing. Attendance at one of these courses may demonstrate the driver’s willingness to rehabilitate and retrain himself to help ensure public safety.

California Drivers Advocates is pleased to be able to recommend our friends over at Teen Road to Safety.

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Teen Road to Safety is a different kind of driving school.  They go way above and above minimum DMV requirements to give students the tools necessary not only to pass their drivers license test but to drive defensively and safely on our highways.  All instructors are current and retired Law Enforcement Officers for the most expert defensive driving instruction available.

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The mission of Teen Road to Safety is:

PROVIDE:  It can happen in a flash! It would be a lot simpler if we had time to react to dangerous situations, but that just isn’t realistic. We provide students with a great wealth of driver safety knowledge so they can drive with confidence needed on today’s always fast-paced highway and training that goes beyond the minimum requirements.

PREPARE: Being prepared for any situation is vital. Our professional law enforcement instructors take pride in preparing students for all driving problems, seen and unforeseen.

PREVENT: Once you have completed our entire training program you will be better prepared for the road, have the tools necessary to be a safe driver and the skills to assess and prevent a dangerous driving situation.

You Can Visit Their Website Here. Teen Road to Safety.

Directory of Approved Traffic Schools in California: California Traffic Schools[/fusion_toggle][fusion_toggle title=”SCRAM Monitoring” open=”no”]

In some instances, your CDA representative may recommend the application of a SCRAM alcohol monitor as a means to demonstrate “rehabilitation” to the DMV.

The DMV will frequently move to suspend a driver’s license because the DMV has information suggesting that the driver may be addicted to the use of alcohol. In these cases, offering proactive proof to the DMV that the driver has terminated the use of alcohol, may satisfy the DMV Hearing Officer’s desire to protect the public.

In the past, demonstrating one’s attendance at AA meetings or presenting a prescription for the use of Antabuse have convinced some Hearing Officers to return a driver’s license on a “probationary” status, however, many DMV Hearing Officers are unmoved by these demonstrations of good faith because there was no verifiable way of determining that a driver has stopped the use of drinking.

A United States Company, Alcohol Monitoring Systems, Inc., has patented a device known by the acronym of SCRAM (Secure Continuous Remote Alcohol Monitor). The device is worn as an ankle bracelet and therefore can be easily concealed with a sock or pant leg. The device is designed to measure the presence of Ethanol in the subject’s perspiration. Essentially, the SCRAM device monitors the subject’s alcohol level transdermally as it passes through the skin. The device detects the presence of alcohol in the subject’s perspiration and converts that measurement to determine the actual blood alcohol concentration. Once this computation is complete, the ankle bracelet then transmits its findings to a monitoring facility which tracks the results.

Because the technology is complicated and not proven to be as accurate as blood or breath tests, the mere absence of alcohol in a driver’s blood stream is often enough to support the return of a person’s driving privilege. To get your driver license returned, you often have to think “outside the box.”

CDA is proud to be affiliated with:

Sentinel Offender Services
220 Technology Drive, Suite #200
Irvine, Ca. 92618
Phone: (800) 938-0463
Website: SCRAM Monitoring

Sentinel Offender Services offers installation and monitoring of the SCRAM bracelet throughout Southern California.

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Despite our very best efforts, there are times when our clients suffer the suspension or revocation of their driving privilege. Although they may not be able to legally drive, our clients may still need to transport themselves to work or other places of necessity.

If a driver ignores the law and decides to make the choice to drive while their driver license is suspended, the risks are tremendous. Driving on a suspended license where the suspension stems from a DUI arrest is a new misdemeanor crime. It may trigger a probation violation with the court and carries a mandatory minimum of 10-days in County Jail upon conviction. Also, the driver’s car may be impounded for 30 days, costing hundreds of dollars in impound fees. It is illegal and just not worth the risk. While we understand the terrible inconvenience of not being able to drive, we strongly urge that no one drive on a suspended license.

Over the years, our clients have taken some pretty extraordinary steps to insure they could get to work. Here are some examples of thinking “outside the box.”

• Take a period of vacation from work during the period of suspension.
• Take a leave of absence from work during the period of suspension.
• Rent a hotel room within walking distance to work.
• Park a trailer or motor home within walking distance to work.
• Ask a friend, relative, co-worker, or neighbor to drive during the period of suspension.
• Arrange for alternate transportation.

Limousine Service
For many years, CDA has been affiliated with Mr. Art Kelley and the professional drivers at Amazing Limousines. Serving all of Southern California, Art and his team can often structure a transportation package that is affordable and ensures your travel, during your period of suspension is safe, legal and comfortable. Give Art a call.

Amazing Limousines
TCP 25259-B
Phone: (877) 615-4667
Website: Amazing Limousines

Electric Bicycle
Many times, clients are within a few miles of work but it is just too far to walk or to ride a traditional bicycle during the period of suspension. CDA is happy to refer drivers to Long Beach Electric Bikes. Long Beach Electric Bikes offers a number of electric bicycles that are easy to charge and easy to ride or they can convert a bicycle that you already own. Best of all, operating an electric bicycle requires no driver license. We understand that this option may not work for everyone but, for a few, this may be a great “short-term” solution to transportation.

Long Beach Electric Bikes
California Drivers Advocates clients receive a 10% discount.
Phone: (562) 708-6316
Email: info@lbelectricbikes.com
Website: Long Beach Electric Bikes[/fusion_toggle][fusion_toggle title=”Rehabilitation Centers” open=”no”]

If the use of alcohol, prescription medications or illegal drugs has become a problem and you are seeking the assistance of proven professionals in the field, CDA is honored to be affiliated with National Therapeutic Services. Based in Orange County, NTS is among the finest rehabilitation centers in the Country and is staffed by some of the most accomplished professionals in the field. Call and ask for Beau Brower. He can get you on the road to sobriety.

National Therapeutic Services
Phone: (866) 247-6520
Website: Orange County Rahabilitation Center.[/fusion_toggle][fusion_toggle title=”DUI Schools” open=”no”]

If you are convicted of DUI or “Wet Reckless,” California Law mandates that the judge order your completion of a Driving Under the Influence Program. All drug and alcohol programs in the State of California are licensed and monitored by the California Department of Alcohol and Drug Programs. The stated objective of the DUI program is to:

• Reduce the number of repeat offenses by persons who complete a state-licensed program.
• Provide participants an opportunity to address problems related to the use of alcohol and/or drugs.

California currently licenses 472 programs to provide instruction to drivers convicted of first or repeat DUI offenses. Below is an example of DUI programs available in California. Some school curriculum may vary:

Wet Reckless Offender
For those drivers convicted of reckless driving with a measureable (SB 1176) amount of alcohol in their blood.

• 12 week program.
• 6 alcohol education sessions.
• Absences (2 consecutive absences are allowed or a total of 3).

First Offender Level I
For those drivers convicted of DUI with alcohol levels from .08 to .15%.

• 3-Month program.
• Ten-3 hour alcohol education/group sessions, once per week.
• Three-15 minute “face to face” meetings with case manager.
• Absences (Total of 5 allowed).

First Offender Level II
For those drivers convicted of DUI with alcohol levels of .15 to .20%. AB 762 Other enhancement factors may apply (i.e. Speeding, Hit & Run, etc).

• 6-Month program.
• Fifteen-2 hour group sessions/one every other week.
• Thirteen-15 minute “face to face” meetings with case manager, once every other week.
• Six-2 hour alcohol education sessions.
• Absences (Total of 7 allowed).

First Offender Level III
For those drivers convicted of DUI with alcohol levels exceeding .20%. AB 1353 Other enhancement factors may apply (i.e. speeding, Hit & Run, etc).

• 9 Month program.
• Twenty Two-2 hour group sessions/one every other week.
• Nineteen-15 minute “face to face” meetings with case manager, once every other week.
• Six-2 hour alcohol education sessions.
• Absences (Total of 10 allowed).

Multi-Offender Level I
For those drivers convicted of DUI 2nd offense DUI with priors less than SB 38 10 years old.

18-Month program.

• First Year
  • Twenty Six-2 hour group sessions/one every other week.
  • Twenty Six-15 minute “face to face” meetings with case manager, once every other week.
  • Six 2 hour alcohol education classes.
  • Absences (Total of 10 allowed).
• Last Six Months (Reentry Phase)
  • Six 1 hour reentry groups.

Multi-Offender Level II
For those drivers convicted of 3rd offense DUI with priors less than 10 SB 38 years old. May also apply for felony and fatality cases.

30 Month program.

• Thirty nine 2 hour group sessions/one every other week.
• Thirty 15 Minute “face to face” meetings with case manager, once every other week.
• Six 2 hour alcohol education classes.
• 120-300 hours of community service.
• Absences (Total of 10 allowed).

List of authorized / licensed: DUI Programs in the State of California

In the past, a driver would simply enroll in the appropriate program and would hand-carry a “proof of enrollment” form to the DMV to demonstrate that he or she was participating in the program. At the end of the class, the program director would issue a “Proof of Completion” certificate to the driver which would also be hand-delivered to the DMV. Today, in an attempt to defeat the filing of fraudulent documents, the law requires that the Proof of Enrollment and Proof of Completion certificates be filed electronically by the program’s director.

In most instances, a person will enroll in a DUI Program as a result of a DUI conviction in the court. In some instances, however, a person must enroll in a DUI program to satisfy a DMV requirement, even though he or she may not have been convicted in court. In these instances, the driver simply contacts a DUI Program and applies to attend the class by “Voluntary Enrollment.”

All California drivers should be alert to the fact that DUI Schools are mandated to ensure their students are attending classes on a regular basis, are sober when attending, and have arrived at the school by legal means. We are aware that some schools have a policy of asking students to blow into “hand-held” breath device if the instructors or case managers suspect the student has been drinking prior to his or her arrival at class. We have also received information that some DUI schools monitor their students arrival at class to determine if the individual student has driven to school in violation of a suspended license.

Be aware that if you have too many absences, attend class with alcohol in your blood stream or, drive illegally to your class, the director of the school may discharge you from further attendance and report the violation to a judge or the DMV. This can result in a violation of court probation, issuance of a warrant, potential jail time, and the re-suspension of your driver license.

Be smart, don’t give the State of California any more reason to make your life difficult. If you have any questions, call CDA. We can help guide you through your issues and can answer your questions.