What is the difference between a dui being dismissed and acquitted?
Do i have to file this form with the DA to obtain a formal hearing?
I already had a formal hearing and lost but that was before my DUI and careless driving charges were dismissed? This is my first DUI offence by the way...
Criminal Defense Attorney
First of all, I am unfamiliar with this form in Florida. Second, an acquittal happens after trial. A dismissal occurs when the court dismisses the case based on a Motion to Dismiss that your attorney would have filed. A Nolle Prossequi, is what the State Attorney's Office files if they decide not to prosecute the case.
Because you mentioned a formal hearing, I assume you're talking about the DMV. So, if the DMV suspended your license for a refusal, you will not be able to get your license back until you complete DUI school and let the suspension period run. If your license was suspended because of an unlawful alcohol level and you were acquitted at trial, you can petition the DMV to reinstate your license.
I hope that helps.
Best of luck,
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3 lawyers agree
Criminal Defense Attorney
If the case was dismissed that means that the prosecutor opted to Nolle Prosse the case.
If you were acquitted then that would mean that you went to a trial and were found not guilty.
If you already had a formal hearing and lost then your only likely recourse would be to appeal that decision. I believe that this would have to be done within 30 days however.
I believe that a form DS702 is a State of California form.
Best of luck.
1 lawyer agrees
Violent Crime Lawyer
Click on this link to find the County your DUI was in:http://www.flhsmv.gov/offices/
Click on the county, and call the number associated with that county to set up a review hearing. Make sure you have your DL# handy.
James Regan, Esq.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.