Legal Question in Criminal Law in California

In Sept of 11, I was arrested in Ca. for a dui .08/.09. "I was not pulled over". I was assisting in an accident I had witnessed on the freeway. The officer who was taking my report as a witness, smelled alcohol and asked if I'd been drinking. I was given the standard sobriety tests.I was arrested and held for 5 hours and released on my own recognizance to return to court on Oct 4. I did show up for my case (overly prepared) to find out that the case had been dismissed/dropped. They had no documentation to give me to show this. So in the meantime, I had the DMV hearing on Oct 21. I received the notification of findings and decision letter and the DMV has suspended my CDL. There was also an error in the letter stating I was "involved in the collision. Any advice would be helpful.

Thank You


Asked on 11/06/11, 5:43 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

One of the biggest mistakes people, and new lawyers, make in DMV hearings is to assume that the outcome of the criminal case affects the DMV's administrative hearing. It doesn't. They are two separate procedures.

A party contesting revocation of their license needs to show up and defend at the DMV, and may have a lawyer present to do so. I suggest you speak to an attorney to determine if you can appeal the decision or determine if the time has run to do so.

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Answered on 11/07/11, 9:13 am
Terry A. Nelson Nelson & Lawless

Advice? Yes. Accept gracefully the suspension, and after four or more months apply for a restricted license. You already had your 'appeal hearing' and lost. You may have had evidence and grounds to support your appeal, if handled right. It required you demonstrate there was no probable cause to 'stop'. Your only remaining option is an expensive appeal in the form of a Writ, which has little statistical likelihood of winning. However, if you are serious about pursuing a writ, feel free to contact me.

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Answered on 11/07/11, 11:45 am


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