When a driver is arrested for a DUI in Orange County, they face a battle on two fronts—in court and at the DMV. These two battles are, for the most part, completely independent of one another. In other words, success at the DMV does NOT usually translate to a dismissal in court and vice versa. This complex relationship, sometimes not even fully understood by DUI Lawyers in Orange County, between the Orange County court system and the DMV seems to defy notions of fair play, due process and double jeopardy.
For example,
when the DMV suspends a driver’s license after a DMV hearing, this clearly seems to be a
form of punishment, thus barring further punishment from the court system.
However, the California Supreme Court has held that the license suspension is
not a “punishment”, but rather an “administrative sanction”.
Further
examples of unfairness abound. If your DUI Lawyer in Orange County successfully
litigates a suppression motion and the judge orders that all evidence was
illegally obtained, the criminal case will probably be over. However, in a
twisted, logic-defying case by the California Supreme Court, the Court ruled
that suppressed evidence can still be used in a DMV hearing to suspend a person’s
driving privileges. Likewise, if your DUI Attorney gets a set-aside at
the DMV hearing, this set-aside will have no impact on the criminal court
proceedings. Even If your Orange County DUI Attorney gets your case dismissed in court for any reason, that dismissal will usually have no effect on the license suspension rendered by the DMV. Likewise, a reduction of the DUI to a lesser charge, such as a wet reckless will not affect the DMV’s decision. The only way for the court proceedings to have an impact on the DMV’s license suspension if your DUI Lawyer gets an acquittal on the DUI charge—this means a NOT GUILTY verdict on the charge after a trial. California Vehicle Code Section 13353.2(e) states “if a person is acquitted of criminal charges relating to a determination of facts … the department shall immediately reinstate the person’s privilege to operate a motor vehicle.” So in the case of a not guilty verdict there is an actual statute that requires the DMV to set the suspension aside. However, there is no such statute in the case of a refusal to take a blood or breath test. Thus, even if a jury finds a driver not guilty of a refusal, the DMV can still suspend that person for the refusal after a DMV hearing. (Or without a DMV hearing if the driver or the driver’s Orange County DUI Lawyer did not request one)
If you are
charged with a DUI in Orange County, call the Orange County DUI Attorneys
at the Law Offices of EJ Stopyro today at (949) 559-5500 for a free telephonic
consultation. Or visit our website at www.EJEsquire.com.
Orange County DUI lawyers
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