My dui case was dismissed by the Justice court judge. My lawyer said all I have to do is send in my court abstract to the dmv?
2 attorney answers
The court would have mailed the abstract to Jackson. If you were also charged with a refusal which is separate, then there would still be a suspension and a reinstatement fee. If not, then once Jackson receives the documents from the court, you should be good to go.
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The license suspension concerning a charge of driving under the influence is not as straight forward as it should be. There are a number of factors that must be considered in order to have your driving privileges reinstated. First, as previously mentioned, if you were alleged to have refused a blood, breath or urine test, there is a separate 90 day suspension (longer if you have previously been convicted of a DUI before) that has no correlation to the DUI criminal charge. In other words, the criminal suspension of 120 days would not apply if your case was dismissed, but the 90 civil suspension would still be applicable if you failed to request a hearing on the administrative suspension. To muddy the waters even more, if depending on the time lapse from your date of arrest to the date of the trial, the DMV may have administrative suspended your license if your attorney did not request an extension of your driving privileges. This question is so dependent on the facts and the timing, you may need to contact your attorney to get a more detailed answer. Further, you should be able to go to the DMV and speak with someone in person; however, as you have already realized, it may just depend on who you talk to in order to determine what you need to do next.