I would contact the court clerk to check if you have any dates calendared, or what the court is viewing as the "status" of your case. Another option is to contact the District Attorneys office, and ask a few questions relating to your matter and its future dates. You mention 'dismissed', but it wouldn't hurt to follow up and confirm.
If you didn't plead guilty and you haven't had a trial, you haven't been convicted. If, in fact, they dismissed the case, or never filed, you should be able to find that out from the court itself. Just call the clerks office in Fresno. If there was some confusion, and they have filed, then there may be a warrant out for you to appear. Nothing but an arrest should be on your record.
Unless your case was filed as a felony., the statute of limitations has run. If it was a felony they could still file the case. the SR-22 must be for the DMV action. You could have gotten a form from the DA that said they did not file and had a rehearing but since you didn't and a year has past, you no longer have that option. as the other 2 gentlemen suggested, a quick follow-up call with the court clerk should clear up any doubt you have as to the status of your casea
The SR-22 is a DMV issue... you could be suspended without a DUI conviction for many reasons. Of course one of them is driving with a .08% BAC. Since you have the SR-22 I am pretty sure that you understand what's going on with the DMV and your driver's license. If you had to get an SR-22 in order to drive again then it needs to be maintained for three years. If you really think that you may have a Failure To Appear and an Arrest Warrant for CVC 23152 DUI out of Fresno... a quick answer would be to pick up a copy of your driving record at the DMV... You should be able to make out from that document if anything is going on that you don't know about. Of course Fresno County Sheriff Warrants could check if you are in their system too. It's no fun to find out the hard way in the middle of the night!
Unless you appeared before a judge and entered a guilty plea you were never convicted of the DUI for the court. The issue you have with the SR 22 is because the DMV probably took action against your license and due to that you need to have the SR 22. So you have no criminal conviction but there is certainly a DUI record on your DMV printout. The reason this can happen is because the court and the DMV work independently from one another.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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