Legal Question in DUI Law in California

I went to court on a DUI charge and the Judge said "The District Attorney has not filed any charges and I will be notified if anything changes." Is this common and can I get my license back? I understand that if there was a blood test taken, sometimes there's a wait. However, I did not have one.


Asked on 3/10/11, 1:09 pm

3 Answers from Attorneys

Joshua Hale Hale Law Group

It does happen. The DA has up to a year to file charges. Moreover, if you are not active in your case, meaning having an attorney, I think it is more likely they will file before that year is over.

Please give me a call if you have additional questions.

JDH

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Answered on 3/10/11, 1:19 pm
Paul Burglin Burglin Law Offices

Some county prosecutors are slow to act, but they have a year to file on a misdemeanor and 3 years to file on a felony. No news is good news, but keep your eye open for a notice to appear in the mail. If you have changed your address then you, or your attorney, should periodically check with the D.A.'s office to see if a Complaint as been filed (otherwise you risk getting picked up on a bench warrant for failing to appear in court).

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Answered on 3/10/11, 2:27 pm
Rick Mueller San Diego County DUI Law Center

Both counsel are correct. As far as getting your license back, normally a hearing must be requested within 10 days and I am not sure if that was done. Your attorney should be able to guide you and perhaps get the DA to sign a Form which can be taken to DMV. Not sure what the facts and circumstances were but using the assistance of a lawyer should help you get back on the road. http://www.sandiegodui.com/hearing.html

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Answered on 3/10/11, 3:55 pm


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