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San Francisco DUI Attorney Paul Burglin - Update on IID Restricted License

 Posted on February 15, 2011 in DUI

San Francisco DUI Attorney Paul Burglin has persuaded a second Superior Court judge in Marin County to order the DMV to grant his client an Ignition-Interlock restricted driver's license. Judge Lynn Duryee and Judge Verna Adams of the Marin County Superior Court have now both ruled in favor of Burglin's clients that the new IID-restricted license law effective July 1, 2010, applies to individuals with violation dates prior to July 1, 2010.

If you are a second or third time DUI offender interested in obtaining an IID-restricted license, contact San Francisco DUI attorney Paul Burglin today at (415) 453-0534.

RULING February 1, 2011

The petition for writ of mandate is granted. Applying its independent judgment, as articulated in Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist. (2008) 168 Cal.App.4th 535, 542-543 and Yahama Corp. of America v. State Bd. Of Equalization (1998) 19 Cal.4th 1, 7-8, the court finds that the July 1, 2010 amendment to Vehicle Code section 13352, subdivision (a)(3) applies to Petitioner. The effect of that amendment is to reduce the civil penalty by allowing a convicted driver to seek a restricted license after serving 90 days of the two-year suspension rather than 12 months of the suspension. “…What was said [in In re Estrada (1965) 63 Cal.2d 740] with regard to an amendatory statute lessening criminal punishment equally applies to the reduction or elimination of civil penalties or forfeitures." (People v. Durbin (1966) 64 Cal.2d 474, 479.) Respondent shall grant Petitioner an IID-restricted license upon satisfaction of the conditions specified in section 13353, subdivision (a)(3).

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