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DMV suspended my license, but the court dropped my charges. Am I required to attend DUI class?

San Mateo, CA |

I have a letter from the DA's office confirming that they are not proceeding with my case. Also, this is my first offence. I am curious to know if I am required to attend DUI class to get my license back or can I just get it re-issued after the suspension period by submitting SR-22 and the required fees.

I lost my APS hearing and license was suspended. BAC was 0.08%.

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Attorney answers 3

Posted

What you are facing is the dual authorities which are prosecuting you for this matter. The DMV does not have to establish your alcohol level beyond a reasonable doubt. This means they are able to suspend a license with a far lower sowing of proof than the criminal courts. This is also allowed since you have a right to be out of custody but not to drive as that is a privilege. Good luck.

Asker

Posted

Thank you! However, will I have to attend DUI class to get my license back?

Gilberto Benito Vega

Gilberto Benito Vega

Posted

Yes, this is a requirement of the DMV unfortunately. You can determine the exact class they will want by visiting a local office. Good luck.

Posted

If you can wait the entire suspension period without getting a restricted license, then, yes, you can get your license reinstated at the end of the admin per se suspension by getting SR-22 insurance. In this circumstance, you will not need to attend DUI class.

Posted

The answer to your question is unfortunately yes. The DMV will require proof of completion of such a class to reissue your license. Our courts actually have no jurisdiction over your driving privileges, except in limited situations not applicable based on what you have shared.

Had a criminal case actually been filed against you, and the DA wished to dismiss the case, you ironically would have had a better chance of "setting aside" the suspension or appealing it. While I understand this does not apply to you, a case called Helmadollar allows a license owner who wins at trial to challenge a DMV suspension.

Asker

Posted

In my case, the police department forwarded the case to DA's office, but then DA's office gave me a letter that they are not proceeding with the case. That being the case will I need to attend? Also, I called up DMV and they said I would need to file it only if it is ordered by the court. So I'm confused.

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