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If my DUI case get dissmessed in Criminal court, Does DMV Set aside/drop my Case?

Los Angeles, CA |

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?

Attorney Answers 9

Posted

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.

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Posted

Thanks, I have taken the blood test, So I called the DMV before 10 days but since I'm not sure what will be my BAC % I'm waiting. Can I ask DMV to send me the results of Blood Test before the hearing session and if its higher than 0.08 then find an attorney to handle my case? What is your advise?

Asker

Posted

Also It is written on the pink temp DL: "Before the hearing you may see or obtain copies of the department's evidence. You must request the copies of department's evidence atleast 10 days prior to the date set for commencmemnt of the hearing in order to receive them prior to the hearing date" what does it mean commencment of the hearing

Joshua Kaizuka

Joshua Kaizuka

Posted

DMV should not proceed without getting the blood results since they have to find that your BAC was .08 or higher before they make a finding on your blood alcohol level. My recommendation is to talk to an attorney in your area experienced with the DMV and criminal process, especially if you believe that your BAC will be about .08 or .09. Even if it less, you may still have to deal with a criminal charge for impaired driving which is still considered a DUI.

Posted

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

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

Thank you, I have called the DMV already, before end of 10 days. But I didn't take the road side breating test, I took blood test, So I'm waiting to see what will be my BAC % Can I ask DMV to send me the results of Blood Test before the hearing session and if its higher than 0.08 then try to find an attorney to help me? What is your advise?

Asker

Posted

Also It is written on the pink temp DL: "Before the hearing you may see or obtain copies of the department's evidence. You must request the copies of department's evidence atleast 10 days prior to the date set for commencmemnt of the hearing in order to receive them prior to the hearing date" what does it mean commencment of the hearing

Matthew Murillo

Matthew Murillo

Posted

Yes, DMV should send you a copy of the test results as well as the arrest report if you requested it. When you called to request a hearing, that should have also been requested. I would NOT suggest you wait until you receive the results. If you do so, there will of course be some lag time between the time you receive it and the time you actually hire an attorney. A good attorney will want to subpoena various documents from involved agencies. If you hire too late, you will be severely hurting your case because there is no guarantee that you will be able to hire an attorney AND give them enough time to subpoena those items. If that happens, your essentially cutting into your own defense. If your going to hire an attorney, do so immediately. It's in your best interest to do so.

Posted

No.

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.

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Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

excellent answer. Unfortunately this is the sad truth

Posted

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.

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Posted

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.

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Posted

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.

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Posted

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.
www.only-dui.com

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Posted

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.

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Posted

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.
(818) 995-4200

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