DUI arrest date: 30 June 2014.
Court date: 6 November 2014.
City of arrest and court: Glendale, CA
When I appeared on the assigned court date, I was informed papers were not filed and I will receive mail notification for new court date. Have not received any notification thus far.
Just curious what is going on as I don't have any notification from either DMV or Court. Just concerned what to do now.
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI). The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
You may want to contact the DMV MAU at (916) 657-6525 to find out what is on your record.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
First of all, the DMV will only be involved if you have a BAC over .085 (if you are over 21). If it is a drug DUI, there will not be a need for the APS hearing. If you were arrested and had a breath or blood test with results over .08%, or refused to take a test, and you contacted the DMV within 10 days of your arrest to request a hearing, they should have responded by now with a hearing date. Did you request a "stay" on the suspension? Otherwise it started 30 days after your arrest, July 30th and would be over for a first offense on November 30th. Hopefully you got the name of the DMV person you spoke to. Attorneys always send confirmation letters to the DMV regarding the hearing request and the request for a "stay" so the suspension wouldn't start until the hearing is held.
The courts have 1 year to file a misdemeanor DUI. If you took blood, there is often a backlog.
I suggest you get a DMV printout to see if your license is valid again. You usually have to pay a fee to reinstate it.
You should contact your local DMV and confirm that they received your request for a hearing and that a stay of suspension is in place on your license, otherwise, you are suspended.
Contact the DMV immediately and find out what is going on. Sometimes, even though you respond within the 10 day period, DMV doesn't get the paperwork and reports in time to respond immediately. Or it is possible that the alcohol test came back in your favor or they think there is a probable cause issue relating to the stop and they aren't going to proceed.
As for the lack of contact from the court, ,make sure you give them and the prosecuting agency your current address and phone number. Contact the court every 2 to 3 weeks and find out if a case has been filed against you. Most courts and DAs offices have websites where you can type in your name and find out if a case has been filed against you. Utilize these websites to check. Finally, keep a written record of when you called the court or prosecutor to check and see if a case was filed against you and when you checked on the website. This is for your protection in the event there was a screw up and you get arrested and want to get out without bail or at a low bail.
You should speak with an attorney in your area. It's best not to do an important legal matter on your own. It may be that the DMV lost your request or that the alcohol test was under a 0.08%. If under an 0.08% you should have gotten a no action being taken from the DMV. The case not being filed is another indication that your alcohol test was under 0.08%. If a case is filed you should receive a notify letter from the prosecuting agency. You should also check with the court to see if a warrant has been issued .
Sit and wait. The more you contact them the likelihood of the government filing in time increases since they take your file from the bottom on the stack to the top of the stack with each phone call.
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 since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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