QUESTION
Can DMV require SR 22 if DUI case was dismissed?
Asked on Jul 27th, 2015 on DUI/DWI - California
More details to this question:
I got pulled over for a DUI and taken in and booked. I got a lawyer to fight the case. We won and all charges were dropped. Can the state DMV still require me to get an SR22?
3 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Did the dmv still suspend your drivers license based on an Admin Per Se loss? Also, why not contact your attorney to discuss this further? He or she should be able to answer this question for you as they know the response to the above question as they handled your case.
Answered on Aug 03rd, 2015 at 1:49 AM
Yes. DUI cases have two fronts to fight: the DMV and the Court. If you lose the DMV hearing, you will need an SR-22 for 3 years even if your case gets dismissed in Court. If you lose DMV, the only ways to unwind are to win on appeal or be found Not Guilty at trial. In order to keep you license and not need an SR-22 you must win your DMV hearing and not be convicted in court of a DUI, or be found Not Guilty at trial. If you hired an attorney and paid money for them, why aren't they answering these questions?!
Answered on Aug 03rd, 2015 at 1:40 AM
Absolutely, because you probably lost the DMV Hearing (or didn't request one). The DMV Hearing is completely independent and separate from the court proceeding.
Answered on Aug 03rd, 2015 at 1:39 AM