Strategies to Avoid a DMV Mandatory Suspension

DUI + The Less Obvious

Strategies to Avoid a DMV Mandatory Suspension

It perhaps sounds trivially obvious that you can avoid a mandatory suspension by avoiding the event that triggers it. Most mandatory suspensions are triggered by DMV’s receipt of an electronic abstract of conviction sent by the clerk of the court where the conviction was entered.

Most drivers understand that if they plead guilty to a DUI, that conviction will trigger a mandatory suspension. But there are a whole host of other less obvious events that trigger mandatory suspensions as well, including failing to appear on a traffic ticket, bouncing a check to DMV, speeding over 100 mph (multiple convictions only), reckless driving (multiple convictions only), hit and run, and vehicular manslaughter.

If you are charged with any crime in California, it is imperative your attorney be aware of any mandatory suspensions triggered by convictions of those crimes. For motorists whose license is critical to their livelihood, they may want to consider alternatives to guilty pleas. For example, a plea to a different crime–even one that sounds more serious–may be a better deal for you if it does not carry a mandatory suspension. Failing negotiation, you may be better served trying the case to a jury than accepting a mandatory suspension.

Driving While Under the Influence

This mandatory suspension under Section 13352 is the most common one in California.  It provides a mandatory suspension for any DUI conviction under Section 23152 or 23153.

Exhibition of Speed

This mandatory suspension under Section 13352 is triggered by any exhibition of speed (“speed ex”) conviction under Section 23109.

Speeding In Excess of 100 mph

The mandatory suspension under Section 13355 happens only upon a second conviction within three years or a third conviction within five years. The second offense triggers a six month suspension or work restriction; the third offense, a one year suspension or work restriction.

Dishonored Check

This mandatory suspension under Section 13364 is triggered by a bounced check to DMV for the issuance of a driver’s license or for the failure to appear in court for a traffic matter.

VC 13352, VC 13355, VC 13364, VC 23109, VC 23152, VC 23153

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