QUESTION
Does this mean that if they don't file, I have to wait an entire year before I can fight the DMV to get my license back?
Asked on Aug 03rd, 2014 on DUI/DWI - California
More details to this question:
I requested a DMV hearing which is coming up in a few days, and I do not anticipate a win as I am not using a lawyer. I only requested it because I didn't even have BAC results yet in the 10 days. I was anxious to get this process over with as quickly as possible, but now I showed up at my court date and was told there were no charges filed (yet). I understand that the DMV can still suspend my license, but that the district attorney has up to 1 year to file charges. This is a much longer suspension than any first offense DUI should have, especially with an otherwise perfect driving record and no criminal history whatsoever. Do I also then have to pay for all classes, SR-22 insurance, etc. even though I haven't been convicted of anything? After my 5 month restricted license (assuming I can apply for that with no conviction) and all classes completed, if I still haven't had a court date set. I'm afraid this will just drag on forever and I'll never be driving normally again. And yes, I understand that the DMV and court are two separate entities.
2 ANSWERS
The DMV will hold the hearing once discovery from the police department is ready. Whether the court files or not is irrelevant to the DMV hearing, which is separate. The hearing will be held separate from court, and as long as the hearing is pending, you have the right to a temporary license to drive.
Answered on Aug 07th, 2014 at 5:02 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Your time to "fight" the DMV is now to prevent the suspension. Request your discovery from the DMV before your hearing so you know what your dealing with, BAC, Police Report, etcetera. Your perfect driving record is of no consequence. The bottom line is were you lawfully stopped, was the test(s) done correctly and were you lawfully arrested? There are many other defenses for which you may need an attorney to understand. Don't give up the fight. As you have indicated, the DA has one year to file from the date of the arrest. If you lose at the DMV hearing, you must do everything required to get your license back.
Answered on Aug 05th, 2014 at 10:01 AM