Arrest details: In June of 2004, the Client was convicted in Utah of operating a vehicle with a “metabolite of a controlled substance” in his body. In March of 2008 the Client was convicted of DUI in Los Angeles County. After the 2008 Los Angeles conviction, the DMV suspended the Client’s license as it would for any first offender. One year later, after the Client had completed all the requirements to have his license reinstated, the DMV gave the Client a two-year second offender suspension based on the Utah and Los Angeles convictions. The Client came to us in December 2014 to have his record cleared and license reissued.

How we won:  The offense the Client was convicted for in Utah is not a crime in California; therefore, the DMV acted without legal authority when it used that conviction as a basis for suspending the Client’s license. We were able to obtain an emergency court order directing the DMV to reinstate the Client’s license while the case was pending. Soon thereafter, the DMV agreed to settle the case and remove the Utah conviction from the Client’s driving record.

Writ of Mandate to Remove Utah DUI Conviction from California Record

Halston R. v. DMV (01-29.15) (Orange County)