Anyone convicted of a first time DUI in Los Angeles County will be aware that the DMV will require the installation of an ignition interlock device in any vehicle owned or operated by the licensee as a condition of re-instatement of driving privileges. This requirement is triggered by the reporting of a DUI conviction to the DMV by the court.
I have become aware of a practical problem recently in that convictions from certain courts are taking a long time to reach the DMV causing a substantial delay in the IID requirement. The two main culprits are Metropolitan court and Van Nuys court. These are two of the busiest DUI courts in Los Angeles. Clients are informing me that it is taking up to six months for the court to inform the DMV of the conviction.
It is not possible to install the IID in anticipation of a DMV requirement. IID providers will not install the device until the defendant has received notice of the requirement from the DMV in Sacramento.
Long Beach court used to be very slow in reporting convictions to the DMV, but things seem to have improved since the court moved to its new location.
The delay is very unfair to defendants who simply want to finish all requirements and move on with their lives. Defendants who have already been suspended by the DMV following an administrative hearing, find themselves suspended all over again by the DMV in Sacramento once the conviction has been reported, mandating another trip down to the DMV to apply for re-instatement. Sometimes the DMV try to persuade licensees to wait for their court conviction before applying for re-instatement. This can result in a much longer period of suspension than is necessary for licensees who follow this advice.
What often happens with these things is that legislation is often passed in Sacramento without any thought to practical consequences for defendants. Penalties are increased and the powers of the DMV are extended by legislators who have no concern for the rights of DUI defendants and no experience with how things work in reality. Inequities take years to correct.
If you face a conviction for DUI in Los Angeles and you are concerned about your license, please contact Los Angels DUI lawyers Gold and Witham for a free consultation.