Proving to the DMV that your BAC was .009 rather than .01 is going to be an almost impossible task. Save your money. Additionally you don't seem to be aware that DMV administrative procedures are completely separate from criminal court procedures. It does not make any difference that you have a 1203.4 dismissal if you have violated the terms that were imposed on you by DMV. If you are trying to prove that you were no longer on probation then the .01 zero tolerance rule would not apply to you. Every court gives abstracts of judgment; you may want an attorney to help you with that task.
While onDUI probation you are not allowed to have a measurable amount of alcohol in your system. Do not drink and drive with any alcohol period. Your issue is with the court and maybe the DMV if under 21.
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.
I see this a little differently... all depending on your 1203.4. While I am surprised that the court did dismiss your case before the termination of the DUI natural probation, if your 1203.4 was returned to you signed by the Judge indicating that the case was dismissed then I like your chances. Yes a 1203.4 dismissal does not remove the conviction from the DMV's records, it's there forever, but your dismissal and more importantly the resulting termination of probation is relevant to your pending .01 case... DMV just rarely runs into it ! ...even possibly never before! I would call the DMV Mandatory Actions Unit at 916 657 6525 and hopefully find someone that can understand the situation. Also if you asked for a DMV APS .01 Probation Suspension Hearing you will at least be able to talk to someone in person... though it would be best to have an atty by then. Don't give up yet... they are after you on a technicality, a technicality that you did something while you were on Probation... you apparently were somehow able to have your probation terminated following proper court procedures. Your attorney may also find that discovery of the accuracy check records for the device show that it reads high... very common. Also the officer may not have complied with the operator's instruction manual. Don't give up. g
If I'm understanding your facts it sounds like your probation has terminated, and now, have been cited for violating that probation. There can be no violation of probation, if probation has already been terminated.
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