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I recieved notice from D M V stating a suspension was in affect for DUI, was never arrested, is this legal?

Bellflower, CA |

Im on probation a DUI I had last year in wich Im taking care of, this year I was involved in a accident were I was badly injured when I was cut off by a vehicle n went down on a motorcycle, but noone was hit or injured but me. DMV sent a notice stating a suspension was going into affect for another year for probation violation due to bac in blood stream was found. But was never arrested or questioned on feb 2nd when the incedent happend. I called police agency n confirmed they do have a report but also calle D. A office n no court date has been filled. Detective stated they recieved blood levels on feb 19 but didnt see a court case had been filed aswell as D.A office. Can DMV do this? What are the chances of D.A filling a case after 4 months?

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Attorney answers 3

Posted

Unfortunatly, if DMV learns that an individual was driving and at the time of driving, the blood alcohol level was .01 or higher, DMV can initiate a suspension of 1 year. Moreover, there could still be a violation of probation filed in court, and depending on the facts, up to 1 year if a misdemeanor. If at the time of the accident, your license was taken and you were handed a pink temporary license, you could have requested a DMV administrative hearing. If you just received notice of a pending DMV administrative action, it is important to set a DMV APS hearing within the time period listed on the notice, typically 10 calendar days. The best thing to do is to consult an experienced DUI attorney in your area as soon as possible.

Posted

DMV operates as a civil agency, not a criminal court. Therefore, DMV can take action against your license for an alleged violation even if the DA doesn't file the case. The DA can file the case. My client in Newport Beach was arrested in October and her case was filed in March. 5 months.

Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

Posted

You may actually have been arrested without being aware of it. Otherwise, it is difficult to envision a scenario in which your blood was taken and tested for alcohol. It's not clear if your license was taken on the current case and replaced with a pink temporary license. If so, you had 10 days from that time to request a hearing with the DMV. In any event, the DMV almost certainly suspended your license due to the zero tolerance provision of your DUI probation, which means that you cannot drive with any alcohol in your system. Without knowing more, DMV can do this. As for whether or not the DA will file charges, it's difficult to say without knowing your alcohol level. I suggest consulting with a local DUI attorney. Good luck.

Jasen Nielsen

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