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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default DUI Dismissed-What Are My Chances of Asking for Another DMV Hearing and Winning

    My question involves criminal law for the state of: California

    I was arrested on DUI charges about 8 months ago. My car was involved in an accident on a dark country road. When the police came I was out of the car and told them I was in the backseat and the driver fled the scene. One witness said they saw me come out of the car and one witness said I was not driving, a long blonde female was driving (I have short black hair and am a male). I went to a few court dates and no witnesses showed up and the arresting officer did not show up. I had my DMV hearing and my license was suspended long before my case was dismissed n criminal court. However, 4 months ago all charges were dismissed. My question is can I ask DMV for another hearing and if so, how do these appeals work? Will they take into account differing witness statements and the fact that criminal charges were dismissed for lack of evidence?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: DUI Dismissed-What Are My Chances of Asking for Another DMV Hearing and Winning

    The DMV hearing applies a different evidentiary standard (preponderance of the evidence), and is separate from the criminal proceeding. They don't have to reopen their case based upon the dismissal of the charge against you.

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