I was told I got a misdameanor of dry wreckless but the court papers just say dismissal in furth per 1385 pc for both count 01 and 02 which was originally 23152 (a) vc misd and count 02 23222(a) vc misd. Is this a dry wreckless and what do I tell the DMV for my phone hearimh tomorrow. The PD said to say "I got a dry wreckless, no alcohol" but the DMV has the record of BAC 0.05%. How can I say "No alcohol"
3 Answers from Attorneys
1) Dry reckless reads VC 23103(a). Can't tell what your paper says without review it, unfortunately. There's probably more information there regarding an additional or amended count.
2) California Public Defender Attorneys do not handle DUI administrative hearings before the DMV. You should contact a California DUI Lawyers Association Specialist in your area. DMV is a completely different and separate venue. See http://www.sandiegoduilawyer.com/hearing.html .
You cannot tell her anything that will help you; the court action does not affect your DMV hearing. Get a lawyer, it makes the difference between having a DUI on your record and not. If your DMV hearing is in Los Angeles DMV, I am there all Monday morning, you can call me for help tonight.
First of all, DMV and the Courts conduct totally separate proceedings.
In order for DMV to suspend your license they have to show that you were 1) lawfully arrested; 2) you were the person driving; and 3) when you were driving your blood alcohol level was .08 or above.
However, if you are under 21, your license can be suspended when your blood alcohol level is over .01. Or, the DMV proceedings may still go forward if there was a "refusal" allegation.
Your question doesn't provide enough information to determine why DMV would go forward if your blood alcohol tested at .05.
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