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My DWI criminal and implied consent civil charges both dismissed today. Is there anything else I need to do?

Excelsior, MN |

Any idea how long it takes the DMV to get the paper work done for getting my whiskey plates off and my license back to normal? Can I expect any additional costs?

Update: 1/11/13 7:10 pm Yes my case was won by my very hard working and knowledgeable attorney. Out of professional courtesy I didn't want to bother him with a phone call late on a Friday or over the weekend. So I'll rephrase my question. In your experience as a winning defense attorney in MN, when you have had DWI criminal charges dismissed and implied consent rescinded for a client. Was it your experience that it took weeks or months for those clients drivers licenses to return to normal? In your experience did those clients actually get a refund of the fee they had paid for license reinstatement?

Attorney Answers 4

Posted

If you won both cases, you probably have a lawyer. So it would be best to ask him or her. Your attorney can tell you how long it might take the court to process an order and send it to the driver's license officials.

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Posted

Since you won, you have a lawyer - who is familiar with your case. This is a question best addressed by your lawyer.

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Posted

You should ask your attorney if you have something like we do in California: a factual finding of innocence. That means: a judge, upon proper motion, can declare that you are factually innocent (a granting of the motion means that there would not even be an arrest record), in California. It is a difficult burden to meet, but you can ask your attorney, nonetheless, if such a provision exists in your state.

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Posted

Once the implied consent victory is entered into the court's system, it will electronically transmit to the DMV. It should only take a few days for them to process their files and remove the event from your record.

You can also get your license reinstatement fee refunded, but it is a pain to deal with.

If you don't want to bother your lawyer, you can call DVS directly at (651) 296-2025. They can let you know where they are in the process.

Down the road, you may want to order a copy of your drivers record, so you can check for yourself to make sure the incident has been removed from your record. The paperwork you will need is available here:

https://dps.mn.gov/divisions/dvs/forms-documents/Documents/RecordsRequestPacket.pdf

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