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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default California DMV Suspension Vs. Court Suspension

    My driver license was suspended by the DMV for 6 months (w/ restricted license) for a first DUI offense. It has been suspended for 3 months now, while I waited for my day in court.

    I was convicted last week and now I get a letter from DMV, saying I can't get my license back until September, another 6 months from the conviction date.

    It was my understanding that the court suspension and DMV administrative suspension ran concurrently, but now I am wondering. Is the letter correct, or do I just have another 3 months to go?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: California DMV Suspension Vs. Court Suspension

    You have another 6 months. The suspensions are seperate actions by 2 different agencies, therefore do not run concurrently.

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: California DMV Suspension Vs. Court Suspension

    The letter is correct.

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  4. #4
    Join Date
    Mar 2008
    Posts
    3

    Default Re: California DMV Suspension Vs. Court Suspension

    OK, but reading the vehicle code, it says otherwise:

    (c) If a personís privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.

    13353.2 and 23152 both apply to me.

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: California DMV Suspension Vs. Court Suspension

    That is what the court would impose. Let's say you get a six month suspension under 13353.2 and another six month suspension under 23152, instead of 6 + 6 = 12 month suspension - the statute allows the sentence to run concurrently. (Meaning the six month suspensions would be running at the same time.)

    The DMV's administrative action for suspending your license is different then the penalties that you received from the court.

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