{"id":3557,"date":"2013-06-28T22:40:23","date_gmt":"2013-06-28T22:40:23","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/teenage-angst-alcohol-drugs-courts-and-the-dmv\/"},"modified":"2020-10-30T20:47:05","modified_gmt":"2020-10-30T20:47:05","slug":"teenage-angst-alcohol-drugs-courts-and-the-dmv","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/teenage-angst-alcohol-drugs-courts-and-the-dmv\/","title":{"rendered":"Teenage Angst: Alcohol, Drugs, Courts, and the DMV"},"content":{"rendered":"

\"suit<\/a>There is a strange phase we all go through where we choose the hardest roads possible and refuse to listen to anyone.\u00a0 We decide that our favorite ways to learn are the hard ways.\u00a0 This phase is commonly called our \u201cteenage years\u201d and, for most of us, we wish we could do them all over again…especially when alcohol or drugs are involved.<\/p>\n

 <\/p>\n

As a teenager\u2019s favorite way to learn is the hard way, run-ins with the law are not uncommon.\u00a0 Most of the time, minor offenses are chalked up to \u201cteenage angst.\u201d\u00a0 Sometimes, however, the court takes these seemingly minor offenses and makes a huge deal out of them, resulting in severe punishments and loss of privileges.\u00a0 This is especially true when it comes to alcohol and drugs.<\/p>\n

 <\/p>\n

When adults get a DUI, the court and the DMV will suspend their license, usually for a few months.\u00a0 This all changes when the person is under 21.<\/p>\n

 <\/p>\n

You see, if you are under 21 and get busted for an offense involving alcohol or drugs, the court suspends your license, at the very least, for one year.\u00a0 If you do not yet have a license, the court orders the DMV to delay the issuance of your license for a year.\u00a0 For each successive offense, the court suspends your license, or delays the issuance of your license, for an additional year.\u00a0 This statute can be found in the California Vehicle Code section 13202.5 or here: http:\/\/www.dmv.ca.gov\/pubs\/vctop\/d06\/vc13202_5.htm<\/a><\/p>\n

 <\/p>\n

So what violations trigger this one year suspension?\u00a0 There are several violations which will trigger this one year suspension: a person under 21 attempting to purchase alcohol, using a fake ID to attempt to purchase alcohol, having alcohol in your possession on the street, highway, public place, or place open to the public, vehicular manslaughter, and being under the influence of alcohol or drugs in a public place. \u00a0All these same violations apply to being under the influence of drugs as well.<\/p>\n

 <\/p>\n

So, basically, if you get busted for anything having to do with drugs or alcohol, and you are under 21, expect that your license will be suspended for at least a year.<\/p>\n

 <\/p>\n

So is there anything you can do about it?\u00a0 The answer is \u201cYES!\u201d<\/p>\n

 <\/p>\n

First, if you find yourself, or a loved one (or, I guess, someone you don\u2019t love too), has committed one of these \u201cteenage angst\u201d violations, call an experienced attorney.\u00a0 We can help.<\/p>\n

 <\/p>\n

Once your license has been suspended, you or your attorney can file an application showing a \u201ccritical need to drive.\u201d\u00a0 The application is called a DS694 and is filed with the DMV.\u00a0 You can find the form here: http:\/\/www.dmv.ca.gov\/forms\/ds\/ds694.pdf<\/a>.\u00a0 The application shows the DMV that your driving privileges shouldn\u2019t be suspended because it is 100% necessary for you to drive.\u00a0 Once filed, the DMV will make a ruling based on your application and might allow you a restricted license.<\/p>\n

 <\/p>\n

So what needs to be included in the application?\u00a0 One thing you must remember is that the application calls for you to show a \u201ccritical need\u201d to drive.\u00a0 The restricted license will not be granted if it\u2019s simply inconvenient for you license to be suspended.\u00a0 That being said, there are a few things that need to be included in the application if you feel that you really do have a \u201ccritical need\u201d to drive.<\/p>\n

 <\/p>\n

For one, they will ask why nobody else in your family can drive you places.\u00a0 They want driver\u2019s license numbers, dates of births, and detailed explanations as to why each driver in your family cannot take you where you need to go.<\/p>\n

 <\/p>\n

They will then ask why taxis, vanpools, carpools, bicycles, and walking are not sufficient options.\u00a0 They want to know what bus routes are close to you, what times they leave, and why taking the bus is not a sufficient option.\u00a0 Miles and minutes are the details that please the DMV the most.<\/p>\n

 <\/p>\n

Once you do all the bus research, if you are asking for the restricted license because of school or work, you need to have your boss and or a school official vouch that you do, in fact, need to drive to school or work.\u00a0 You need your boss to say that they need you at work at certain times and that he cannot have you come in at any other time.\u00a0 Your school official needs to say that you have to be at class by a certain time.\u00a0 After that, it needs to be proven that you have no other way to get to work or school by these times, except for driving yourself there.<\/p>\n

 <\/p>\n

Finally, you need to prove that working or going to school is critical.\u00a0 You need to prove that quitting your job is not an option for you or your family.\u00a0 As with your job, you need to prove that going to school is also necessary.<\/p>\n

 <\/p>\n

Even after doing everything you can to show the DMV that driving is \u201ccritical\u201d to your livelihood, they still might say that there are other ways for you to get places.\u00a0 Just because driving yourself is more convenient does not mean that there is a \u201ccritical need.\u201d<\/p>\n

 <\/p>\n

Again, if you find yourself, or know of an \u201cangst ridden teenager\u201d in this situation, call an experienced attorney.\u00a0 We can help at 800-797-8406.\u00a0 We will help with the forms and handle the case in such a way that you don\u2019t regret your decision to \u201clearn things the hard way\u201d too much.<\/p>\n","protected":false},"excerpt":{"rendered":"

There is a strange phase we all go through where we choose the hardest roads possible and refuse to listen to anyone.\u00a0 We decide that our favorite ways to learn are the hard ways.\u00a0 This phase is commonly called our \u201cteenage years\u201d and, for most of us, we wish we could do them all over…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19,5],"tags":[525,526,88,95,234],"class_list":["post-3557","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","category-california-dui-law-blog","tag-alcohol","tag-dmv-license-suspension","tag-drugs","tag-minor-in-possession","tag-underage-drinking"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3557","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=3557"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3557\/revisions"}],"predecessor-version":[{"id":5392,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3557\/revisions\/5392"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=3557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=3557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=3557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}