QUESTION
How can I get my license back if all charges have been dropped?
Asked on May 09th, 2013 on DUI/DWI - California
More details to this question:
I got a DUI almost a year ago and all charges have been dismissed. Now I have a DMV hearing coming up. What should I say to get my license back? The DA's office signed the administrative per se documents dismissing all charges for lack of evidence and probable cause to pull over, search and detain me, and the officer failed to show up in court. The DA's office granted the motion to suppress my blood alcohol. Can this still be used against me in the DMV hearing? Is this a Helmandollar? I’m still on probation for a DUI I got in 2009. Also, I don’t know if that affects this case or not.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
I don't know the circumstances of the dismissal, the test results, or if you have priors or not. Without that information I can't answer your question.
Answered on May 15th, 2013 at 4:53 AM
What type of DMV hearing do you have coming up? If all charges have been dismissed, you should be eligible for reinstatement of your drivers license.
Answered on May 14th, 2013 at 6:47 AM
The DMV hearing is completely separate, and your dismissal in court won't even be relevant at the DMV hearing. You better hire a DMV/DUI specialist to do the hearing for you, or else you will lose your license.
Answered on May 10th, 2013 at 2:07 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
Congratulations to you for having a motion to suppress granted, that was good lawyering. Unfortunately, the DMV has a different legal standard and although they claim to require a legal arrest a court decision stating that the arrest was not legal doesn't automatically "set-aside" the DMV action. You will have a hearing, you may lose, it sounds like you have a good lawyer so you are in capable hands. If you lose, you will face the consequences of a second offense with a probation violation which means you will likely lose your license for a year with NO provisional/restricted license.
Answered on May 10th, 2013 at 1:39 PM