Legal Question in DUI Law in California

I was stopped and ticketed in susanville california for a DUI......The DA office through it out do to lack of evidence. Can i get my liscense back because i wasnt charged and the case was rejected?

Asked on 12/07/09, 4:20 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The DMV revoked your driver's license as an administrative procedure. That revocation stands even if the da did not file charges against you. You will have to consult with an attorney to see if you can have your license reinstated.

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Answered on 12/13/09, 1:26 pm
Dave Jake Schwartz

Although it is true that the administrative and criminal matters are completely separate in most cases, it is also true that if criminal charges under Vehicle Code Sections 23140, 23152 or 23153 (the typical DUI statutes) are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right under Vehicle Code Section 13353.2(e) to request an administrative hearing before the department to challenge the DMV's adverse action against your driving privilege. This must be accomplished within one year from the date of arrest in order to meet statutory time limits.

There is a DMV form which you may obtain from the DMV, and which the DA may complete, stating the reason why charges were not filed in your case. In the proper circumstances, the DMV, upon receipt of this form from you or your lawyer, will provide you with this renewed right to a hearing. This is relatively complicated law and procedure and you would be well-advised to seek help from an attorney who practices DUI defense in your area.

Good luck.

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Answered on 12/14/09, 3:27 am

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