Free DUI Lawyer In California

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Reader’s Question:

I got convicted for DUI in New Jersey in February 2005. I now live in San Diego, CA. How long will that DUI remain on my driving record and affect my insurance rates here in California?

Tori

San Diego, CA

With respect to your permanent NJ DMV driving record, your DUI conviction will remain permanent. You should check with the CA Department of Motor Vehicles to find out if they have placed this DUI or any other offenses that were previously on your NJ record on your new California driver’s history.

California has a new law effective January 1, 2007 which extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Under this new law, you may not qualify for a good driver discount again until 10 years from you DUI violation.

A DUI may have been considered by an insurance company for premium surcharges for a period of seven years up until 2007. However, it can be considered in California for 10 years.

You may want to contact the California Department of Insurance, which is the insurance regulator for CA, since your DUI was out of state for you to be able to find out how long an insurance company in CA can rate you on your NJ DUI from 2005.

It is better to contact your insurance agent if you have any additional questions on your insurance premiums.