QUESTION
If my DUI case was dismissed in court, why does it show up on my DMV H6 report?
Asked on Aug 13th, 2015 on DUI/DWI - California
More details to this question:
In 2011, I was falsely arrested under suspicion of driving under the influence. I went to court for four months resulting in the DA dismissing the case after they failed to prove me guilty during the trial. Now it still shows up on my H6 report and it is preventing me from getting a good job even though I never got a DUI. Please any information will help, thank you.
2 ANSWERS
DUI cases involve two processes, one through the criminal court and one through the DMV Administrative Per Se Hearing (APS). In order to not have any suspension you must win the APS hearing and not be convicted of a DUI in criminal court OR if you lose the APS hearing, you can unwind the action by a full acquittal or NOT GUILTY at trial. After trial you or your attorney must submit a certified copy of the verdict to the DMV to unwind the APS action.
Answered on Aug 18th, 2015 at 12:10 AM
Because chances are you failed to request a DMV hearing within 10 days of your arrest. Remember the DMV operates separately and independently from the court.
Answered on Aug 17th, 2015 at 4:58 PM