Reader’s Question:

I’m worried about my auto insurance after my DUI conviction here in Alameda, California. What do I need to know about my auto insurance or what do I have to do now after my DUI conviction?

Adrian

Alameda, CA

You may be like most individuals who simply could not afford not to be driving even after a drunk driving or DUI conviction. Most of us need to maintain their transportation options for us to make a living. We all commit mistakes but the law makes sure that you would certainly pay for the privilege to get back out on the highways. Although there are a lot of auto insurance providers that would offer you coverage after your DUI conviction in Alameda, California, it would be important to do your research.

You would be ordered to get an SR22 proof of insurance for you to reinstate your driver’s license. The auto insurance provider you choose would file an SR22 form on your behalf to release the suspension order placed by the Department of Motor Vehicles (DMV) on your license. The auto insurance provider could tell you the steps that need to be taken to make sure that you’ll have the SR22 promptly. You can check what is on your driving record because the auto insurance provider would confirm the information you would give them so make sure that it is accurate.

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Reader’s Question:

I got two DUI conviction this year and last year. What will happen if I get pulled over by a law enforcement officer and I have no proof that I am driving for work in Alameda?? I live in Alameda CA.

Richard

Alameda, CA

In California a restricted license granter after a 2nd DUI conviction has guidelines that you need to abide. The California law states that the restriction of the driving privilege shall be limited to the hours needed for

  • driving to and from the place of employment,
  • driving during the course of employment, and
  • driving to and from activities required in the driving-under-the-influence program.

The California Department of Motor Vehicles states that they may suspend or revoke the drivers license,once they receive satisfactory proof of any conviction of the restrictions of a driver’s license .

Therefore if you get caught driving outside your restrictions your driving privileges may be taken away again. The CA DMV should be able to give you information if there will be additional fines and penalties given to you by the judge or courts if you are stopped in Alameda and cannot prove you are driving within your restrictions.

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Reader’s Question:

I have heard many times that a DUI record can be cleared. I have a DUI conviction here in Hayward, California and seems like I would have to carry that all my life. But I was brought back to life when I found out that it can be erased. How can I do that and who are eligible for this?

Ethan

Hayward, CA

You can clear your DUI record in Hayward, California by means of expungement. Expungement, sometimes referred to as DUI expunction, is the process of sealing, removing or clearing a DUI related offense from your records after conviction. This is considered as the only form of post conviction relief offered for DUI convictions. Depending on the expungement order, that could mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record.

Not everyone is eligible for expungement even if the state of California allows it. Expungement, in most case, is reserved for first offenders with legitimate reasons to expunge their records who also file the necessary paperwork and pay the associated fees. Therefore, it is not considered as a right, rather a privilege granted by the government. In general the people who are eligible for expungement are those who have never served time in state prison. They should also be first-time offenders, have no pending criminal cases and felony convictions.

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Reader’s Question:

HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?

Richard

Thank you for asking Richard.

In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.

MariCAR

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