Legal Question in Traffic Law in California

CA DL suspended despite acquittal by jury on DUI charge
I was acquitted (found not guilty) of DUI in a jury trial. The DMV suspended my license anyway, based on the blood test results. They are within their legal right to do so if:
1. I was found guilty
2. Charges were dismissed
3. Charges were not filed
But NOT with an acquittal, according to state law.
The paperwork sent by the hearing officer, under ''Appeal Rights'' shows the vehicle code section under which I would be appealing, 13353.2(a) VC. When reading this law for specifics, I found that they have no legal right to suspend my license, according to the very law they cite.
''If a person is acquitted of criminal charges relating to a determination of facts under subdivision (a),...the department shall immediately reinstate the person�s privilege to operate a motor vehicle if the department has suspended it administratively pursuant to subdivision (a), and the department shall return or reissue for the remaining term any driver�s license that has been taken from the person pursuant to Section 13382 or otherwise.''
Seems clear to me. All other subsections in this law do not apply. Is this a clerical error?

Asked on 1/13/09, 5:37 am

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: CA DL suspended despite acquittal by jury on DUI charge

I suggest that you re-read the vehicle code section you cited, with particular emphasis on subdivision (e).

Answered on 1/17/09, 11:54 pm

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