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Was cited with a DUI abt a yr ago. while being booked the officers took my drivers license. heres the funny thing: the court
Anonymous8 views5 answers
never called my case to a court and no DUI is on my driving record!! But when go to the DMV to get my license they wont give it too me. an atty said dont sign a SR22 and after one yr i can get my license back. that is in 10 days. i think what happened it this: they lost my BAC and have no case on me. I had truely 1 beer that night and the officers were abusive. period
When a DUI case isn't file, it doesn't affect the administrative suspension process with the DMV. They will still suspend your license 30 days after your arrest if you don't request a DMV Administrative Per Se (APS) hearing. Were you under 21? Did you refuse a chemical test? Did you have a DUI prior? I am asking because, typically, the administrative suspension is only 4 months, and you'd be eligible for a restricted license after only 30 days.
Well, it seems that you will likely pass the statute of limitations for a misdemeanor filing in about 10 days (1 year after your arrest). Unfortunately, it seems that you didn't request a DMV hearing so your license was suspended after the 30 day temporary (pink paper given when your license was taken). If this is the case you must take affirmative steps to reinstate your license, you must pay a license reinstatement fee and file an SR-22. If indeed there was no BAC in your case, requesting a hearing might have prevented this outcome...bummer dude :(
Matthew MurilloEstate Planning AttorneyRedlands, CA ·
Unfortunately, you were given bad info. The dmv can suspend your license independent of any court action. It's not necessarily a matter of the DA losing the BAC. It could be that they simply chose not to file the case because of some outrageous conduct or apparent 4th amendment violations. If that was the case, you probably could have won the dmv hearing.
Anyway, you have a couple of options. You can try to have the DA fill out dmv form DS-702 and request a renewed APS hearing to contest the APS suspension. However that needs to be submitted to dmv within 1 yr from date of arrest. So you may not have enough time for that.
2d, you can enroll the alcohol program and get sr-22 filed and get a restricted license immediately. You will not be able to get a full license back until you complete the alcohol program REGARDLESS OF HOW MUCH TIME PASSES.
The 1 yr the other attorney mentioned is the statute of limitations on misdemeanors. That ONLY affects the criminal case and has nothing to do with your license. If you wait the one year to do anything, it only means the DA can no longer try to charge with the DUI. But the dmv actual will remain until you get the SR22 and enroll in the alcohol program.
Good luck!
in order to obtain your license once you become eligible you Must have your insurance company file an SR22 and maintain it for 3 years... you will hear this once you return to DMV to apply + $125.00 fee.