Occasionally, someone will get arrested for
driving under the influence (DUI) in Orange County, their driver’s license suspension will be
up, but they still haven’t heard from the court about their court
date. If this happened to you, we’re guessing you have questions.
Can you go back to driving? Does this mean that your case somehow got
lost in the shuffle over at the DA’s office? Continue reading as
we offer an explanation.
Let’s say you got a
DUI and you requested a
DMV hearing within 10 days of your arrest, the time limit for requesting such a hearing.
Unfortunately, the DMV sided with the police report and suspended your
license. That license suspension is just about up, so you head over to
the court on the date that your ticket said to and you find out that your name is
not on the court calendar. So, you go to the DA’s office and ask them why you don’t
have a court date.
They tell you that the court hasn’t pressed charges yet and to keep
checking the court calendar for your name with a time and date to appear,
or you should receive something in the mail with a court date. You’ve
been checking the mail, and you still haven’t received anything
about a date to appear. Now, the date to get your license back is quickly
approaching, what do you do?
This is What’s Happening
Without a DUI conviction from the court, you simply had a
DMV suspension, which is about to terminate. When you wait out the suspension instead
of enrolling in a drunk driver class and obtaining an SR22 for a restricted
license, all you have to do is go to the DMV and get your license back
by paying the reissue fee.
However, the prosecution has
up to one year from the date of your arrest to file DUI charges. So, you’re not
out of the woods yet. If you are charged and convicted of DUI, you’ll have to:
- Enroll in DUI School
- Pay a fine
- Go on probation
- Get an SR22
- Apply for a restricted license
- Pay another reissue fee
- Contend with a DUI on your record
We hope this clears it up for you. You’ll need to fight your DUI
charges in the near future, so don’t hesitate to reach out to us
for a free case evaluation!
Orange County DUI lawyer from the Law Offices of Virginia L. Landry, Inc.!