The dmv suspended my license for 6 months and that time is over so to reinstate my license I was told I need to pay a fee and have an sr22 in place, however my court case is still ongoing and may result in a dismissal so do I need one? Also can I drive if my court case is still going?
I have a lawyer, and penal code 1001.80 makes me "think" my case is going to be moved to diversion and after completion of diversion, dismissed...the reason i am here and not talking to my lawyer is because i can not get ahold of him and my suspension was up on the 19th and am trying to get everything i need before going to the dmv today...so if i need SR-22 i am not required to report it to my insurance company since i was not (have not yet been) convicted of a dui correct?
Um, not only do you need an SR-22, but you need a lawyer! If the DMV suspended your license, you cannot drive just because your court case is still going on. What makes you think your case will be dismissed in court? That's fairly rare.
Yes, if you lost your DMV hearing the only way to avoid having to pay the license reinstatement fee and SR-22 requirement is to be acquitted either by a jury or Judge. You need to meet with a lawyer who handles DUI cases to discuss your facts and how to best avoid a DUI conviction.
Michael Cole LarsenCriminal Defense AttorneyBoise, ID ·
You need to do whatever the DMV requires. Typically, there is a reinstatement fee that you have to pay the DMV. Also, if you are arrested for DUI and plead to a DUI, even though you get a withheld judgment , DMV requires SR 22 insurance.
You should consult with a good criminal defense attorney in your area. Make sure you don't drive without a valid license.
Hire an attorney immediately. DUI's are pretty much never dismissed unless there was such a low alcohol reading that prosecution would not be in the interests of justice. You may be mistaken about what this process is and an attorney is necessary to protect your rights.
If your license is suspended, it's still suspended. If your case gets dismissed, it will not overturn the suspension however if you're found not guilty, it will overturn the suspension.
Confused yet? Hire an attorney.
If you win the trial the license will be reinstated. DMV suspension will remain in effect until than. You will need the SR 22 to get the license while the case is ongoing. Good luck to you. I hope this helps you?
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
If you have gotten to the point where you are asking strangers on the internet about Penal Code section 1001.80 and Veteran's diversion, an extremely new law which is still getting sorted out in the courts, perhaps it's time to hire yourself an attorney you can get a hold of...or at least one that can answer your questions within a reasonable amount of time. He/she is the one who should (key word) know anything and everything there is about your case.
Even if your case would be dismissed in court that would not necessary have ANY effect on DMV and your driving privileges.
If you already have an attorney, you should be asking him or her about diversion pursuant to PC 1000.80. Depending on the circumstances relating to military service and trauma caused by it, some courts will allow diversion. It all depends and your lawyer will be best able to advise you on that. Even if you are accepted on diversion, a DMV administrative per se suspension triggers a requirement to obtain a SR22. If it is first time DUI DMV administrative suspension, it should have been a 4 month suspension. If you wanted to get a restricted license after the 30 day "hard suspension" the SR22 is required and enrollment in a DUI program. After the 30 day "hard suspension" there will be a restriction for an additional 5 months so basically a 6 month period. The restriction is to go to work and to the DUI class only. Talk to your lawyer since you have one!
