Legal Question in DUI Law in California

Congratulations on a great result, but was it an acquittal as you say in the first sentence, or a dismissal as you say in the third sentence?

An acquittal (not dismissal) on the (b) count entitles a defendant to a "set aside" of any related DMV suspension in accordance with vehicle code section 13353.2(e) and Helmandollar v. Department of Motor Vehicles, 7 Cal.App 4th 52 (1992).

A set-aside of a suspension may be obtained by sending a certified copy of an actual acquittal (again, not just a dismissal), together with appropriate cover letter and identifying information, to Driver Safety Litigation Services, 2570 24th Street, Mail Station J-234, Sacramento, CA 95818.

Before you engage such a procedure, you should definitely consult with an attorney to confirm that this procedure applies to your situation, and to confirm the accuracy of this mailing address and to present and mail such documentation in the proper manner on your behalf; a DUI defense lawyer can likely accomplish all of this for you for a modest fee if the procedure is appropriate in your case.

If you wish to hire a Sonoma County DUI defense attorney, or browse additional information of this nature, please feel free to visit my website at http://www.sonomacountyduilawyer.com.

Good luck,

Jake

DMV proceedings are separate from the Courts. You were required to file an appeal within 10 days of arrest to DMV. If you didn't, you can try to file a late appeal and request for hearing. Since the entire case was not dismissed, you still have the burden of proving to DMV there was 'no probable cause' to stop. That's tough. If you are serious about hiring counsel to represent you at DMV or in court, feel free to contact me.