Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.