Question: If the court dropped my misdemeanor driving under the influence charge and my driving without a license charge, will it get removed from my dmv record?
If I am able to get the DUI charges and the driving without a license charges dismissed at court, does that automatically remove any issues with my DMV record? I want to know if they will still show on my dmv record even if the Court says that they are bogus charges because it’s costing me a lot of money insurance wise. Need to make sure there is no DMV penalty here.
Is it possible for the DMV not to remove the points on my license if the court does? Seems like it should be automatic. How can the DMV punish me on this if the Court does not?Don’t fight the DMV alone. A Lawyer can help protect your driver license
Answer: If arrested for a DUI, there can be drivers license suspension issues based on a DUI conviction in court, as well as a direct DMV suspension based on the DUI arrest. Even if the DUI charges are dismissed on the court matter, it does not necessarily mean that the DMV will not take direct action against your drivers license.
Did you request a DMV hearing within 10 days of your arrest? Whatever the case, I would recommend that you speak to a DUI attorney in your area. It is sometimes possible to get a new hearing based on dismissed charges, or what is often referred to as a late hearing request.
I can better address your questions if I had more information from you about your situation. For example, when were you arrested? What Court is your case in? etc.
In short though, many people feel that having your driver’s license potentially suspended by a DUI arrest based on a DUI conviction, and then separately from the DMV directly based on an Admin Per Se hearing (or lack of one if not requested in time) is double jeopardy. The government has determined that this is legal as the DMV is a quasi-civil matter, and the criminal court is a criminal matter, thus avoiding any double jeopardy issues.
I have successfully defended DUI charges both at court and DMV matters, as well as driving without a license charges. I would be happy to speak to you about your situation in more detail.