At the Law Offices of Virginia L. Landry, Inc., we try to address every
possible issue that can come up in regards to driving under the influence
(DUI). In this post, we’re going to answer the question, “How
long does the court have to notify the DMV about my DUI conviction?”
Let’s say that “John” was arrested for DUI in July 2015.
He was smart, he called up the DMV and requested his
DMV hearing within 10 days of his DUI arrest. That hearing took place in August, which
resulted in the DMV “setting aside” his
John went to court in September 2015 and was convicted of DUI. Now, it’s
October 2015 and the DMV says that it never received anything from the
court and it’s currently showing that John has a clean driver’s
license with zero convictions on his record.
When queried, the DMV told him that they usually receive notification from
the court within a few days. So, now John wants to know:
- Is there a statute of limitations that the court must notify the DMV?
- Will he receive a license suspension one or two years down the line when
the court realizes its error?
- Is he okay to continue driving?
Should he notify his insurance company about the
No Statute of Limitations
This a highly unusual case, but not
impossible. First, we want our readers to know that there is NO statute of limitations
for the court to notify the DMV about a DUI conviction.
However, the courts are obligated by law to send what’s called the
abstract of conviction to the DMV. You can contact your attorney to find
out when the abstract was sent since the timing of your license suspension
and restricted license depends on it.
Another option is to go to the court clerk and have him or her check to
see if the DMV has been notified, and explain your issue.
Should you take a “wait and see” approach? It may be tempting,
but it’s NOT recommended. While some court clerk may have dropped
the ball and failed to notify the DMV, it’ll eventually catch up
to you and it’s not worth the worry and constant looking over your
shoulder. It’s better to take care of this sooner than later so
you can move on.
Speak to a Board Certified DUI Specialist
Looking for an Orange County DUI attorney? Need more legal advice regarding
your DUI case? Contact our office to speak with a
Board Certified DUI specialist who is also a member of the
National College for DUI Defense!
Call today to schedule your free case evaluation – we look forward to helping you!