What is SB 895 and How Does it Affect my Los Angeles DUI Case?
On July 1, 2010, Governor Arnold Schwarzenegger passed a bill that sought to clarify SB 598. SB 598 applies to second and third time DUI offenders. When a person has been convicted of a DUI their license will be suspended by the DMV. The length of time their license is suspended depends on previous convictions and the specific facts of the case.
In certain situations a person might be eligible for a restricted license that allows them to drive to and from work, and Court ordered alcohol programs. In order for a person to get a restricted license, they must apply for one after they wait the legislatively established amount of time.
Under previous law, a person must wait about 12 months into their suspension before they can apply for a restricted license. Under SB 598, a second time offender could not apply after only 90 days and a third time offender could apply after six months. This shortened wait time was only available to those who installed an Ignition Interlock Device. This machine is installed into a person's vehicle and will require that the person blow into a breathalyzer before the car can start.
The new law enacted to clarify SB 598 is SB 895. It clarifies the requirements a person must meet in order to qualify for the early application time for a restricted license. The person must first and foremost demonstrate proof of enrollment in an alcohol rehabilitation program. This means the person must present a certificate of enrollment, or some sort of documented proof that they are attending classes as order by the Court. The person must also install the IID, and pay all costs associated with the installment. They must also pay for the costs in advance for oversight of the IID.
The person must also demonstrate that there is proof of insurance. The DMV must have all documents of proof, and all fines and penalties must be paid in advance for costs and installation. After all that is done the person may apply for a restricted license, then the decision will be made whether they qualify or not.
An experienced Southern California Driving Under the Influence Attorney has handled thousands of DUI cases and can explain your options to you in detail. A powerful argument and defense that is prepared on your behalf can be very persuasive to allow for a restricted license. Additionally, new law can be very confusing and complicated and will require the help of an expert that will allow for a person who is being charged to be protected and get the best deal possible. You may qualify for a reduced penalty, or a restricted license, and speaking to an attorney will get assure that you know what you are entitled to under the specific circumstances of your case.
