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I got charged for a dui over a year ago but never went to court and recived aletter from the DA saying the were not charging me
Anonymous3 views4 answers
so the da sent letter saying that the da's office has determined not to file formal charges agianst me at this time .please be aware we retain the right to file these charges at a later time if facts and circumstances warrant it . what does that mean ive email the da's office but got no response i want to get my license back but dont see why is was taken anyway
what happen to innocent till proven guilty to get my license back i have to have a sr22 there telling me but i dont see why
With DUI’s in California you have to deal with two prosecuting agencies. The first one is the district attorney’s office (or city attorney) that handles the criminal aspect of the case. The second one is the DMV that handles the possible suspension of your license. Please understand that these are two independent agencies that do not work with each other. Just because the DA has decided not to file charges does not mean the DMV will not and did not take action against your license. It appears that you failed to request a DMV hearing within 10 days of your arrest and therefore you lost your DMV hearing. Depending upon the facts you can try to request a DS-702 form. Once you have acquired the form you can go to the District Attorney and ask them to complete it and explain why they chose not to prosecute your DUI case. Please understand that the DA is unlikely to fill out the form and the DA has up to a year to file charges against you (assuming a misdemeanor DUI). It will probably be easiest for you to get the SR22 and deal with the restricted license.
Robert Driessen
I am reading the question a little differently. It seems that the DMV is simply stating that you can get you license back if you file an SR-22. That is simply a proof of financial responsibility (for most people, a proof of insurance).
If that is the case, just show you have insurance and they should give you the license.
Idf you ned actual legal advice, take the paperwork in to a lawyer. Good luck!
When the filing deputy in the district attorney’s office reviewed the police reports there was insufficient proof to file a criminal case. However, the matter is not a straight DA reject but is in review. If the arresting agency provides additional evidence of the criminal activity then the DA’s office may proceed in filing a criminal complaint.
Additionally, The DMV takes spate administrative action against your driving privilege. However, based on your description of only needing a SR-22 to get your license back the DMV didn’t impose a DUI based license suspension. The DMV would require an alcohol program such as the AB541 to get your license back if it was DUI based.
You may need to speak with a criminal defense attorney that focuses on DUI defense and the DMV administrative process.
