Legal Question in DUI Law in California
The California DMV rescheduled my dui hearing several times because they had not received the BAC test results. Then they sent me a letter saying my charges were set aside, without even holding a hearing. On my court date my name did not appear on the docket and the clerk told me that the DA had not charged me yet. What does this mean for me? I have already received my new licence but will I get it taken away if the DA decides to prosecute? How long does the DA have to make up his mind? Do they not want to admit that I was wrongfully arrested for a dui? Can I have the charges for my impounded vehicle reimbursed?
3 Answers from Attorneys
The DA has up to one year to file misdemeanor charges. It can take a while to get blood test results . You will face the DMV if you are found guilty of a DUI . You need an attorney .
The situation you are going through is happening more and more often because of California's out of control budget and because the DMV offices and the DA offices are very busy. As Mr. Roberts very accurately stated the DA has up to one full year to file misdemeanor charges against you. It can also take a while for BAC results especially if you opted for a blood test. If the DA files charges for a DUI and they accuse you of having a BA level over a .08, DMV will re-schedule an administrative hearing regarding your license or at the very least send you a notice and ask you if you want to schedule a hearing. In this situation, what you said to law enforcement may become very important.
It is impossible to determine from the facts you have provided but it sounds like there is a screw up somewhere and the DA who has been assigned the case is deciding what they want to do.
I agree with Mr. Roberts in that hiring an attorney to get proactive is a good way to proceed. If you have any questions you can contact our office through our website at www.brianmcginitylaw.com .
Good luck