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Three years ago when I was 17, I received a DUI for having a BAC of around .04 (as far as I can remember it was .04). I believe the cop unlawfully pulled me over, but being 17 I had no power in the matter, and had my license suspended for a year by the California DMV. I called courts soon after to find out how to proceed next, but none of the courts were able to find my name in their database. I ended up not having to pay any fines or do any community service (as far as I know), and would now be able to get my license back. I am wondering whether I could have my case expunged, and whether insurance companies would still be able to see the DUI on my record if the case were to be expunged?
What case expunged? It doesn't sound like any case was filed in court or that you were arrested. When you were cited...
CVC 14106 states in part: Following the...department's decision...the department...upon the request of the person whose privilege of driving is in question, may reopen the question, take further evidence, or change or set aside any order previously made. Emphasis: DMV may reopen a hearing or take further evidence AT MY REQUEST. I was arrested while drunk sleeping in my car. Odd as it sounds, my attorney and I never discussed the particulars of how I got there. NO DUI CHARGES WERE FILED. Statute of limitations has passed. She felt confident in problem w/the PC section of the DS367 and made that her sole argument. I didnt testify.Lost at DMV & a writ. My story, while embarrassing, & 1 witness can prove I wasn't DRIVING >.08. Can DMV reopen & take addtl evidence under 14106 so I get justice
If you have already litigated and lost a writ, I am doubtful that DMV will reopen the hearing. Technically, 14106...
I was arrested for a DUI (first offense).They told my boyfriend at the scene that I had blown a .22, but they never told me anything. I was transferred to another city and held for 10 and a half hours. When I was released I was given a property reciept and an agreement to appear incourt which I had to sign. Now I'm finding out that I should have received other paperwork, like a copy of the ticket, a consolidated arrest report, and a 30 day temp. license (this was confirmed by the DMV). I don't know how to obtain this paperwork or what I should expect to happen. It was not an accident and nobody was hurt.
Call me. I can straighten out your record with the DMV and get the temp license. The rest we have to fight. Don't...
I went too return to my job and found out my license was suspended.So the DMV said I got my license suspended because I refused to take a piss test when they were trying to charge me with a DUI. Now since the case was dropped Shouldn't the DMV do the same.
Not necessarily. The dmv can impose a suspension separate from anything the court does. If you failed to request a dmv...
i hit a car just a bit no damage and chp came and found that ive been drinking. this would be my 3rd dui. the chp did not give me a yellow slip, what does that mean or tow my car but he put me in jail over night. they gave me a court date. also i ask the officer how many dui do i have ? and he said prior dui and this one. I got my dui like 2005 another 2009 and now 2014. what can i do to avoid time in jail. i have two girls to raise and cannot afford to lose time w them. When i go to court will this be dismiss bc i didnt get a yellow slip and my car was not towed. And also i called the chp and they had nothing on me but an accident which wasnt nothing at all! what can i do?
call an attorney
I was arrested for a dui in September 2013 and lost against the dmv at the hearing and appeals process.. a refusal but I do have evidence to impeach they officers statement from his department. I just need an attorney to help or give some legal advice .
Did you present your impeachment evidence at your DMV hearing! I'm kind of guessing not. Trust me that "refusals"...
I was hit by a drunk driver while waiting at a stop light. I decided to pursue the claim against his insurance company on my own as my injuries were relatively minor. Now his insurance company claims that he is not "cooperating" and thus his coverage may be in jeopardy and that they can't process claims against him. The driver was arrested and charged, but I don't know if he's gone to trial yet.
You should consult with an experienced local personal injury attorney (who is highly rated) as soon as possible....