Monder Law Group - News
Reversing the DUI Driving Suspension After a Not Guilty Finding of the DUI Charge
In cases where the BAC at the time of driving was below a 0.08% and there is no finding of guilt as to the DUI at the time of driving, then there is legislation under Vehicle Code Section 13335.2 that prevents the deprivation of driving privileges. An experienced DUI defense attorney knows what to ask the court in recognizing the accepted scientific evidence of rising blood alcohol levels as applied to your case. When the court agrees with the defense theory of the case, then the DMV must also follow the ruling. Your experienced DUI defense attorney would be able to get your suspension overturned by the DMV even though you might have lost the administrative per se hearing months earlier.
This will occur at the end of the criminal proceedings where a competent Judge and Jury hear the evidence. Typically a hearing officer at the DMV does not know that much info about the case in making their decision besides what the officer wrote on the police report under the DS-367. However, when the evidence of the crime lab’s failure to comply with Title 17’s regulations pertaining to determinations of accuracy of the DataMaster used to get your BAC, then there will be a not guilty finding of the DUI charges in your case.
Only those individuals, who have actually driven with a BAC of 0.08% or more, have their licenses suspended. A not guilty finding on this specific issue is a well-settled principle of law that the DMV must follow. You will be at a disadvantage by using a public defender in your DUI case because they will not have the ability to fight to have your license reinstated. It is important to hire an experienced DUI defense attorney to remedy any situation that may have occurred as a result of your license suspension by the DMV.
The courts in Helmandollar v. DMV has specifically stated that when an individual receives an early administrative suspension of driving privileges, and is thereafter acquitted of a charge of driving, or being in physical control of a vehicle, with a blood alcohol level of.08 percent or more, DMV must restore that individual’s driving privileges upon an appropriately founded and adequately documented request. Plaintiffs were thus acquitted, and are, therefore, entitled to reinstatement of their license. Helmandollar v. Department of Motor Vehicles (1992) 7 Cal. App. 4th 52, 9 CR2d 155.
If you have any questions about getting your license reinstated after a DUI please feel free to contact an experienced San Diego DUI defense attorney at 619.405.0063 or visit San Diego Criminal Attorney