10 year old DUI still penalized

Yandorio

New Member
I got a DUI in FLA in 2005 (CA license). Thought it was cleared six months later. Probation violation 2008, walking down the sidewalk in Palm Beach FLA... pretextual stop by cop turned up Probation Violation for the 2005 case, they made me go to treatment in my home state, NC. No problem. Case closed.
Left the country to teach at a University in 2012. Came back to California to get my driver's license. Passed, but FLA had a block. I paid $300, block lifted.
They gave me an interim license, but AAA said it was suspended!!! (The dopes at DMV issued me a suspended license!!)
Called CA DMV. CA wants me to repeat the "treatment" class I already completed in 2008. 500 more dollars!!
Lost my temper with the DMV guy on the phone and he admitted "Okay, it's a moneymaking scam, I agree, what do you want me to do about it?"
Also they demand SR22 higher insurance even though the case is 10 years old!
Anything I can do? This is ridiculous and a big moneymaking racket. I hear Colorado will review case and ignore CA block,
when imposed unjustly. Also this "DMV doesn't answer to the courts" crap (wouldn't Constitution prevent Double Jeopardy for my case?) I keep reading has to be a Constitutional violation, no? Isn't anybody concerned by such talk?
 
The easiest thing for you to do, don't break their laws.
I dislike many of their laws, but I don't break them.
Take their stupid, greedy, IRS for example, please! LOL
I'm not MR BIG, boss, I'm just TINY LITTLE, I don't want THEM all up in my grill, boss.
So, I render to the king or queen whatever they want to steal from me.
Yeah, it sucks, but so does being in one of their penal plantations, boss.
Once you break their laws, you become part of their system.
You think a $500, or a $1,000 class is expensive?
You can hire a lawyer for ten grand, maybe fifteen grand and maybe after two, three years (if you're lucky), the big boss says, give little dude back his license.
Or, you can pay them a lousy $500, take their class, make them happy, get your license back, PRONTO.
Your arms aren't long enough, powerful enough to box with THE MAN, dog.
Then, you'll pay SR22 and other fees, but you've won. A few years go by, you are behaving yourself, THE BIG BOSS says, let this little man live in peace.
Resistance is futile, unless you're a 1%er.
If you're a 99%er, make THE BIG BOSS happy.
Pretend you care, don't break their laws, live your life as best you can.
To your last point, no boss, no one cares.
People can't care, they're too busy hustling, scuffling, shucking, and jiving to make a buck or two.
For your sake, buddy, play it their way, get them off your back, live your life.
 
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I don't know if resistance is futile. Punishing people twice for the same offense just doesn't sit right with most people and if I cannot beat this at least I can notify some reporters (one has already told me she is interested and asked for documents) and slime the self-important DMV with some bad publicity. The guy in Sacramento said he could make this go away if it were not a California license that got seized, but that still doesn't get around the Double Jeopardy issue. I did my time, paid my fees, took my classes and I need to move on, not get thrown back into that
endless moneymaking DUI scam. Incredible, 10 years down the road after a first offense DUI and the parasites are still attached to my ankles.
 
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Double jeopardy refers to being charged twice for the same crime. Your issue is that as a result of your legal situation you are facing administrative penalties as well. There is no constitutional prohibition against administrative penalties being applied on top of the criminal ones.

So, you can either wander through the bureaucratic morass and try to find a way out of it, or, you can become a pedestrian and a user of public transit. MAYBE an attorney can help ... maybe not. It may be an expensive option for an attorney to do what you could also try to do for much less money.
 
Well, you know what, despite the doom and gloom of the car insurance lady, the license arrived today.
I told a hot shot lawyer in Los Angeles the insurance lady said "You can't use the license, if it does arrive, due to the suspension" but
he said "That nitwit doesn't know what she's talking about..if the DMV screwed up then they screwed up, not you.
That license is valid until they contact you saying it's invalid. Go out and use it."
 
Well, you know what, despite the doom and gloom of the car insurance lady, the license arrived today.
I told a hot shot lawyer in Los Angeles the insurance lady said "You can't use the license, if it does arrive, due to the suspension" but
he said "That nitwit doesn't know what she's talking about..if the DMV screwed up then they screwed up, not you.
That license is valid until they contact you saying it's invalid. Go out and use it."


Okay, you go with that, boss.
Yes sir, you just go with that.
 
Understand that if you are caught driving on a suspended license in CA, you can be arrested and/or your vehicle can be towed and stored for 30 days. To retrieve it you will end up having to pay at or about $3,000 in fees and associated costs before it is released.

So, your call ...
 
Well, you know what, despite the doom and gloom of the car insurance lady, the license arrived today.
I told a hot shot lawyer in Los Angeles the insurance lady said "You can't use the license, if it does arrive, due to the suspension" but
he said "That nitwit doesn't know what she's talking about..if the DMV screwed up then they screwed up, not you.
That license is valid until they contact you saying it's invalid. Go out and use it."

I wouldnt drive with the licence. Why? If you get pulled over your 'ignorance' will not be of any good. The best you will get is driving while suspended without knowledge. Worst case is they go talk to the people you talked to (computer records /notes of calls) and make a liar out of you.

The beef I have is you completed the driving courses. Why are they making you take them again?
 
Why are they making you take them again?

Good question. The implication is their course is somehow superior to other states' courses. It's really opportunistic and about money, I think--the common word is "scam." DMV boasts they don't answer to the courts so we know from history the potential for abuse/accountability is huge.
A lawyer who is already suing the DMV is in touch lately and his colleague says they should be expected to step up to the plate and explain why, if the offense was in another state why and you did the class/treatment there, you need to repeat it. But when you call the DMV asking for logic it's just a bunch of arrogant bureaucrats who don't provide explanations. So I'll try to negotiate with them, otherwise I will try to sue. Maybe I'll end up taking the class but I'll raise some hell before that happens.
 
Why are they making you take them again?

Good question. The implication is their course is somehow superior to other states' courses. It's really opportunistic and about money, I think--the common word is "scam." DMV boasts they don't answer to the courts so we know from history the potential for abuse/accountability is huge.
A lawyer who is already suing the DMV is in touch lately and his colleague says they should be expected to step up to the plate and explain why, if the offense was in another state why and you did the class/treatment there, you need to repeat it. But when you call the DMV asking for logic it's just a bunch of arrogant bureaucrats who don't provide explanations. So I'll try to negotiate with them, otherwise I will try to sue. Maybe I'll end up taking the class but I'll raise some hell before that happens.

I seriously doubt that your "hell" will be more than a ripple to any DMV bureaucrat. Your license will remain suspended util you resolve it in the manner they have identified. You can argue it all you want, but, it will remain suspended. And a lawsuit? Not at all likely to do anything but cost you a LOT of money.
 
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