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?
3 Answers from Attorneys
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.
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.
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
Related Questions & Answers
-
BAC Chemical Test Is there a limit of how long after driving that a BAC chemical... Asked 5/24/99, 11:33 am in United States California Criminal Law
-
Embezzlement What would be the typical sentence of a man caught with major... Asked 5/23/99, 11:16 am in United States California Criminal Law
-
Statute of limitations (criminal and civil) If an individual, in the state of... Asked 5/22/99, 8:57 pm in United States California Criminal Law