I got my First DUI recently and I'm thinking if I my Case get dissmised in Criminal court, does it mean DMV can't Suspend/Restrict my DL?
When you were arrested, if it was an alcohol related case and the blood alcohol level was .08 or higher according to the arresting officer, you should have received a pink temporary 30 day license. If so, you have 10 days to request a hearing with DMV. If you do not request a hearing or you do request a hearing and the DMV administrative hearing officer finds that you were driving, that at the time of the driving your BAC was .08 or highter, and that the arrest was lawful, regardless of what happens with the case in criminal court, DMV will suspend your license for 4 months on a 1st time DUI or longer depending on whether you have a prior DUI or on probation for a DUI. It is very important to contact an attorney within the 10 day period in your area to help guide you with the DMV process and to help answer your questions on ways to fight not only the DMV process, but the criminal process.
Contrary to popular belief, it's not that easy to get a case dismissed outright. If your hoping to go to court, tell the judge why you need your license and hope he/she dismisses your case, not going to happen. If that were the case, every single DUI would be dismissed.
Even if it were dismissed, because there are two separate actions (court and DMV) and each is separate from the other, the DMV could still suspend your license after holding its own hearing or if you fail to request a hearing. The only way around this is to get an acquittal on the .08
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Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
You need to consult with an attorney to discuss why you believe your DUI case will get dismissed in court--don't post the specific facts here, save it for a private consultation. There are ways around the DMV suspension, but you most likely cannot do it yourself. The first thing you need to do is schedule your DMV hearing within 10 days from the arrest. You can represent yourself or you can retain an attorney to do it for you. Depending on many factors, such as your blood alcohol level, the reason the cops stopped you, and your performance during the DUI investigation, your case may be reduced. Even so, there have to be certain findings by the judge in order to set aside any DMV suspension. You should consult with attorneys prior to going to court.
Criminal Defense Attorney
A great deal will depend on how the case is dismissed. Typically if one charge is dismissed it won't matter, or if both charges are dismissed and another charge is added it won't matter. Moreover, if you plan to defend yourself it is unlikely you will get the results you are seeking.
I wish you the best.
The DMV and court proceedings are entirely independent of each other. It is possible that the DMV takes no action on your license, but you are prosecuted (and possibly convicted) in criminal court. The reverse is also true: you may lose your DMV hearing, but win your criminal case.
If you are convicted or accept a plea bargain in criminal court, your license will be suspended regardless of whether you won the administrative hearing. However, if you lose your DMV hearing but are acquitted (found not guilty by a jury), if you send a copy of the verdict, the DMV will reinstate your license. It is best to consult with an attorney as to the specific facts of your case in order to determine the best way to proceed with your case.
DUI / DWI Attorney
Not necessarily. Regardless of the outcome of your criminal case, you are still subject to the DMV hearing process. The DUI process is highly complex and technical, and not geared toward make things easy for the offender. Understanding the process is important. Having an attorney who has mastered it is essential to get the best possible result from your DMV hearing and DUI case.
Lawrence Wolf, Esq.
First of all Prosecutors don't file cases just so they can dismiss them. I filed DUI's as a prosecutor all the time. Once a case is filed it is rare when a case is just flat out dismissed by the same agency who filed it. That just doesn't happen. We have had cases where we were able to obtain dismissals but it takes hard work and a damn good defense.
More often than not, the only way to make the DUI itself go away is to take the case to trial and win. In a standard DUI case you are charged with two counts of DUI. The 2nd count deals with the number related to your blood alcohol. If you obtain an acquittal at trial, then, if there is a separate DMV suspension in effect the acquittal can have the effect of getting the Suspension lifted.
The court and DMV processes are entirely separate. Winning one does not mean you are going to win the other and losing one does not mean that you are going to lose the other. The standards of proof are very different and just because you "won" your court case, does not mean that DMV will set aside your APS hearing. In short, the answer to your question is: NO.
Feel free to contact me for a free over the phone consultation.
NETZAH & SHEM-TOV
Raviv Netzah, Esq.