Legal Question in DUI Law in California

Dui ticket

in november 08 I was pulled over by california highway patrol for possible dui. Field sobriety test were performed and I was taken in for a breathalyzer subsequently blowing a .07 and .08. I received no notice in the mail regarding a court date although there was a date to appear on the ticket. So I showed up on the date and time shown and no charges had been filed. they stamped my ticket showing i had been there and explained that the arresting officer had up to a year from the date of the arrest to file charges. Today I received a form called a ''Certificate of Release from Custody'' (CHP103(rev6-87) OPI 041) with the message above typed ''DA REJECTED THE CASE''. The form referenced Penal Code 852.6, and 849. My question is first with this form is the case essentially dropped and no dui charged. and second how do i prove this to the dmv in order to have my license reinstated.


Asked on 1/09/09, 8:27 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Dui ticket

If you had timely filed your DMV appeal of suspension as you were advised by the jail release paperwork to do, you would go to the DMV hearing/trial and present your evidence. Now, since the one year DMV suspension went into effect automatically, you'll have to file a request/motion with the DMV for appeal and late filing for a hearing. Feel free to contact me if you are serious about getting legal help doing this.

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Answered on 1/09/09, 8:33 pm


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