Criminal Law Update
Driving Under the Influence
-CDL Suspension/Restriction
Further research regarding the recent amendment to CVC Sections 13352, et. al. has answered some questions. It has, however, also raised more questions.
It appears that amended CVC Section 13352(a)(3) allows a conviction triggering suspension for only some types of DUI convictions (i.e., 2nd offense driving under the influence of alcohol only). However, it also appears that the APS suspension [§ 13353.3(b)(2)] has remained the same. This means that an individual cannot get a license after only a 90 day suspension unless he/she wins the APS hearing.
This amendment seems both pointless and confusing. Apparently, however, some form of emergency legislation aimed at clarifying this issue is pending. Please wait to be advised. |