QUESTION

I got a DUI in a passenger seat and it was dismissed in court. How do I get DMV to give me my license back?

Asked on Aug 06th, 2013 on DUI/DWI - Georgia
More details to this question:
I was arrested for driving under the influence in the passenger seat the beginning of March. The driver and I both got driving under the influence charges. What happened was when the two cops had the driver get out of the vehicle; they didn't have her put the truck in gear and turn it off. We both told them that the E-brake was faulty and they had complete disregard for anything we said. After the entire field sobriety test, the driver ended up failing the breathalyzer test. The cops then had me call for a ride and started arranging for a tow truck to come pick up the truck. Right after they called for the tow, the truck started rolling down the road, I grabbed the wheel to avoid an accident and tried to get it to start going up the hill ahead. I live in the mountains. When I received the police report the whole thing was falsified and was written really fishy. He said that after he had me call he noticed the truck nudge so he leaned over me and put the truck into gear. They tried to state that I started the single cab truck and accelerated down the road. Mind you, it was made very clear I was in the passenger seat the whole time though. How can a 6'3" guy work a clutch and a gas pedal from the passenger side of this regular cab truck. Itโ€™s impossible! Anyways, I hired an attorney take care of this for me because I had no idea what I was up against. I was found guilty based on the two cops testimony's in the department of motor vehicle's Administrative Per Se Hearing's Findings and based on the breathalyzer results. It took about 5-10 minutes to get me to take it. I was refusing simply because I wasn't even driving and due to their negligence, my life was put at risk. Department of motor vehicles took my license the day after Memorial Day. My attorney said gives him 30 to 45 days to get my license back. Well my court side of the driving under the influence kept getting postponed starting May 29th, then June 6th, July 18, July 22nd and finally, today it was dismissed. I showed up for court today and my courtroom was "paperwork only", no judge.
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5 ANSWERS

Try sending a copy of the court papers dismissing the case to the drivers license bureau. If that does not work, you should retain an attorney to handle it for you.
Answered on Aug 24th, 2013 at 12:22 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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If you win your case in the court, but lose at the DMV you can get the DMV to give you your license back by submitting a DS 702 to the DMV. If your criminal case is dismissed by the court and you lose at DMV you can get another hearing in the DMV by submitting a DS 702 to the DMV.
Answered on Aug 07th, 2013 at 7:46 PM

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You need to hire a DUI/DMV specialist. The DMV couldn't care less about your dismissal in court.
Answered on Aug 07th, 2013 at 4:06 PM

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Criminal Defense Attorney serving Southfield, MI
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This is like when people call the doctor on the radio, describe a symptom for 15 seconds and accept his advice over the doctor that has been treating them for 20 years. I am not going to second-guess your lawyer. Ask him.
Answered on Aug 07th, 2013 at 11:25 AM

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Criminal Law Attorney serving Boulder, CO
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Doubtful you can change the DMV ruling or appeal at this point. So you need to follow the rules to reinstate you license after a year. DMV is an awful place that loves to take licenses without good reason.
Answered on Aug 07th, 2013 at 11:24 AM

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