If my DUI case was dismissed, why does the DMV want me to take DUI classes 20 yrs later? 6 Answers as of February 24, 2012

If my DUI case was dismissed because of clerical error, why does the DMV want me to take DUI classes 20 yrs later? What can I do?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Our lawmakers have given DMV authority over all licensing issues. If you drive w/ a BAC of .08 or more your license is suspended for 4 months AND until you complete a DUI Program. You can challenge a DMV decision with a Writ of Mandate if you can find an "abuse of discretion." Writs are very expensive, court filing fees alone are over $500.
Answer Applies to: California
Replied: 4/12/2011
Hale Law Group
Hale Law Group | Joshua D. Hale
We may be able to circumvent this. Give me a call at your convenience.
Answer Applies to: California
Replied: 4/11/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
This is because your DMV proceeding and criminal case are two different matters. There is some cross over between the two but if you lose the DMV hearing you still need to complete the DUI class.
Answer Applies to: California
Replied: 4/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You'll have to ask DMV or read the notice they sent you for any explanation. You may have an outstanding court order to do those things that you never complied with? All I can tell you is that if you wish to contest their demand, then you can go through their administrative appeal process, and you can hire an attorney to help you. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 4/11/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
THE DMV is a separate entity from the courts. They have their own particular set of rules and they still have jurisdiction over your driver's license. They can still require you to take a course.
Answer Applies to: California
Replied: 2/24/2012
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
If 20 years ago you were convicted of a DUI and/or had your license suspended pursuant to a DMV Administrative Per Se Hearing you will be required to enroll in, attend and complete a mandatory alcohol class in order to get your license back. The fact that your DUI case was dismissed because of a clerical error really has no impact on the fact that the DMV is requiring you to do the DUI classes. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/11/2011
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