Legal Question in Criminal Law in California

Wil DMV Set asside order effect my case?

I just received a letter from the CA DMV indicating that they cancelled my APS hearing and I can get my license back. Reason was "Based on insufficient evidence in my file the action against my driving privilege in this case is deemed inappropriate." Decision: Suspension of my driving privilege is set aside.

Will this effect my DUI court case? Is this relevant to the the court case? Will the judge or jury consider the fact that since the DMV set aside the suspension, there must not have been sufficient evidence to arrest?


Asked on 5/25/99, 6:48 pm

3 Answers from Attorneys
Eric Chase The Chase Law Group

Re: Wil DMV Set asside order effect my case?

The Department of Motor Vehicles and the Court are completely independent of one another. However, in negotiating a disposition to your case, this action may be in your favor to reduce the consequences. If you have any further questions, please feel free to call our office at 800-382-3100 for a FREE consultation.

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Answered on 6/02/99, 1:15 pm
John Hayes The John Hayes Law Offices

Re: Wil DMV

The Dmv really has nothing to say as far as your

criminal case. It is certainly not going to hurt

your case, but I doubt that it could seriously help

either. Depending on any priors that will determine

the amount of time you spend in jail, the fine you

will pay. I have done several hundred DUIs in my carreer

and I would be happy to help you with any problems or

paperwork that may come up in the future. I can

be reached at (805) 546-9918 or email at [email protected].

Good luck and I look forward to hearing from you.

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Answered on 5/27/99, 10:56 pm
Larry Bruce Larry B. Bruce Attorney At Law

Re: Wil DMV Set asside order effect my case?

Hello,

No ethical attorney can attempt to give you

legal advice without studying the exact nature of

the case and the reason for the DMV backdown.

In general however, the two actions are totally

separate and the results of the DMV proceedings

will not enter into the criminal case. The specific

defect or weakness however may have a bearing.

Seek local counsel to examine the case.

Good Luck,

Larry B. Bruce

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Answered on 5/28/99, 3:27 am


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