My question involves a driver's license issued by the State of: California
I was acquitted (found not guilty) of 23152(a) and 23152(b) VC 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? How is it that a state DMV officer is ignorant of a law they deal with frequently during the course of their duties? I paid my $120 bucks for the appeal, citing the law and including a copy of the court minutes that show I was found not guilty. I also have a form DS702 on the way for the DA to sign, and I will schedule a court date this week to overturn the DMV decision (DMV also notified me that this was my right within 34 days).
If they decide to uphold the suspension, under what legal authority would they be doing so?