I just lost my DMV hearing for a first time DUI in California, but my case is still pending in court.

The probable cause may be contested in both the DMV hearing and by pre trial motion in court. If you are successful in challenging the arrest in court and the case is dismissed the suspension will remain in place. In order for the DMV to lift or "set aside" the suspension you must have an acquittal from the court case. This generally means some type trial o n the merits of the case. You should have a qualified attorney in our area represent you.

You may obtain a review but that does not stay the suspension pending the review. You may also do a writ of mandate to the court for a court appeal and that does stay the suspension pending the appeal. If you win the 1538.5 motion in court that would return your license as well. If you choose otherwise, you may restrict the license for work related driving by having your insurance co. file an SR22 insurance proof form and enrolling in a court approved alcohol school AB541 and returning to the DMV on the 31st day from when the suspension starts and pay them $125 to restrict the license for employment and alcohol school related driving.

I would agree with the other attorneys that have posted answers. You didn't mention what your blood alcohol test came back at?? However I don't believe you can be successful without hiring an attorney. The law is complex and what happens at a DMV hearing is totally different than what occurs in court. One of the simplest things for a police officer to prove is probable cause. It can be as simple as your vehicle was wondering back in forth in the lane, straddled the center line, just about anything will give the officer probable cause to stop you. You need to hire an attorney

It sounds like you are representing yourself and doing a poor job pretending to be a lawyer. I doubt your motion to suppress will succeed either. Until that stark reality sets in, you'll need to concentrate on getting your license reinstated.

I agree with my colleagues that you need to retain a lawyer as you are just starting into the most confusing area of the law; DUIs and DMV proceedings! If you get a NOT GUILTY on Count 2, the VC 23152(b), driving with over .08% BAC, then your suspension will be set aside. That is the only way absent Mandatory Actions overturning it on Administrative Appeal that you can get reinstated right away. The issue is going to be that if you lose in Court, and, since you didn't put down when, let's hope it is early February, you are going to get hit with another suspension. Of course you know how to get your license back after 30 days, so i won't bore you with that, but the DMV does not like to give credit for a suspension that occurs after their ruling, not that you aren't still entitled to it. What was your argument for the officer not having PC to stop you? In that way, we can analyze your chances.

Is your situation that the public defender is representing you in the criminal case but you are representing yourself in the DMV proceedings? If so, I understand that you are in a tough spot. DMV proceedings can be surprisingly complex. I suggest that you contact an attorney who specializes in DMV hearings (I do not specialize in DMV hearings). I also suggest that whatever you do, you coordinate with your public defender. Good luck!

Public defenders can not do the DMV portion of the case. Probable cause is an issue at the court criminal case and at DMV. You set the DMV hearing and lost? You had ten days from the date of the stop to set the DMV hearing or you waived it. Either you set it and lost in which case you will want to appeal using a lawyer or you never set it and waived it. There is not enough information here to know. Schedule a couple of free consultations and than pick the lawyer you like, trust and can afford. Good luc to you. Hope this helps?

You will need a court acquittal to reverse the DMV suspension. An acquittal is rare, but not impossible. However, to even have the court consider it you will need more than the typical attorney. The upside is the amount of money spent on an attorney may be less than your future insurance premiums. You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.

Absolutely no way we can tell you if you should do an appeal without looking at the evidence. To get a restricted license, get an SR22, 155 dollar reissuance fee, and enroll in a 3 month alcohol program, wait 30 days, and apply for restricted.