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I got a DUI in 2006 my insurance is really expensive. Can I go to court to get DUI dismissed?

Santa Clara, CA |

I got a dui November of 2006 which is exactly 6 years and a half ago. My insurance is super expensive. Can I go back to court and get it expunged or dismissed? No DUI's not violation of probation . since then .

Attorney Answers 7

  1. You can go back and file for 1203.4 dismissal, but it wont really do anything as far as insurance goes. Even in court, if you pick up another within 10 years from offense date, the 2006 case would still be treated as a prior conviction.

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  2. Certainly you can get the DUI expunged. There are forms that allow you to do this yourself or you can retain a local lawyer to do it for you. However, it is doubtful that this will have an impact on your auto insurance.

  3. First you should try a different insurance company McDonald and breathe
    easy in Orange County are great. Expunge ng the DUI from the criminal side
    does not clean up your driving record it will still show up on your DMV
    report but something is wrong that you still have problems 6 years later

  4. You need to shop around for new insurance. There should be no reason that you are continuing to be dinged for something that happened 7 years ago. Expunging a DUI will not change your DMV record though it would be nice to do for your personal well being if it bothers you. Good luck.

    Contributions to do not establish an attorney-client relationship.

  5. Shop around for cheaper insurance rates. Breathe Easy Insurance in Orange County might be able to point you in the right direction. Many respectable DUI Defense attorneys refer their clients to them.
    Most attorneys would suggest clearing your record by filing an expungement petition ($120 filing fee) and serving it (if applicable) to the prosecuting agency. The DUI conviction remains on your DMV record, even if your expungement request is granted, which means that subsequent DUI convictions within 10 years will be enhanced. Granting of the expungement may benefit you with respect to potential employment issues, but there are limited situations when the conviction should be disclosed.
    Make an appointment with a reputable attorney to anwer all of your quesitons and possibly assist you with your matter.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship.

  6. Looking for a different insurance carrier will help you get a lower rate. An expungement will benefit you in that you wont have a conviction to explain to a potential employer. I would recommend hiring an attorney for that process.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

  7. I've dealt with this issue a few times. Insurance companies have a point system. After talking with insurance representatives, it seems that smaller insurance companies are more able to provide affordable insurance.
    You can file for dismissal or have an attorney do it, and that may help w/ employment or housing issues in the future.

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