Arrested for dui on Feb 22, sleeping in my parked car on the side of the highway. They took my license and gave me a court date for June!!! They didn't give me a temp license slip, didn't tell me anything about suspensions or hearings even after I called them all. I consented to a blood test when I was booked but they haven't told me results, or anything else. Did they mess up or is this how California dui arrests work? Am I okay to drive? The dmv said I have no flags, but I don't have license. So frustrating. Is there a way I can expedite a court date?
You won't get police reports until you've appeared in court. If you hire a DUI lawyer who has a good relationship with the DA's office, they might be able to get the police report a bit earlier.
There's also a chance the DA won't make a charging decision by the time the June court date rolls around. They have up to a year to file, so you might have to come back to court in July or August.
If you try to "expedite a court date," you might prod the DA into filing charges that might otherwise be rejected.
There is always the chance that the cop will submit paperwork to DMV late, and your license could be suspended. I've had clients who insisted they didn't get a temporary license, but the cop said they did... and DMV usually believes the cop.
In the meantime, you can try going to DMV to request a duplicate license. Just be honest about what happened... don't try to hide the fact that the cop took your license after a DUI stop, or you could be in even more trouble.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
1) DMV cant give you answers until they get one of two things. (A) paperwork indicating you were arrested for DUI, have a .08% BAC or above, and fail to request a hearing in time. Or (b) a dui conviction. Until either of those happen, DMV can't suspend your license. So you are good to drive. If your license was taken, CHP should have given you a temp. If they didn't, demand one.
2) county court can't tell you anything because they are the last to know in this case. CHP officer needs to forward report to District Attorney's office. DA then needs to review and decide whether to file (in San Bern, they nearly always do). Once they file, then the court can tell you very limited info. Sometimes that filing is done months before the date on your ticket, sometimes it's not until the day of. Until that is filed, you CANNOT expedite. No, you shouldn't call the DA to get them to file faster. Let it go. If they don't file within a year, they can't file against you and you avoid ANY conviction.
3) CHP can only give you info on the ticket. They won't release reports. They don't decide whether you are guilty. Don't really do anything until the case gets under way.
Any responses provided through Avvo.com should not be considered legal advice, and cannot form any Attorney-Client relationship.
What's the rush? DA has up to one year to file.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
An experienced DUI attorney will be able to help you thru this process. DUIs are complex.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline