Legal Question in DUI Law in California

AShould I file a determination of factual innocence in a DUI case that the District Attorney asked the judge to dismiss, and the judge granted the dismissal?

Asked on 10/22/12, 1:28 pm

3 Answers from Attorneys

Michael Bialys Law Offices of Michael Bialys The DUI MAN

You may well qualify, but I would need more details.

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Answered on 10/22/12, 1:31 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

It can;t hurt

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Answered on 10/22/12, 9:32 pm
Terry A. Nelson Nelson & Lawless

You can always file a motion seeking that, if there are proper grounds to do so. But, unless the judge made a finding of factual innocence at the time as the reason for the dismissal, you have no assurance he will do so now. Dismissals happen all the time when the DA decides not to prosecute. That doesn't mean 'factual innocence', only that the DA's case had some issue with evidence or procedure. If serious about hiring counsel to do this, feel free to contact me.

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Answered on 10/23/12, 9:45 am

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