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What Does It Take To Get A DUI Dismissed?

Posted by Ronald D. Hedding | Nov 01, 2018

DUI cases are horrifying because you get arrested and lose control of your custody freedom for some time. You're taken into custody, and now you're facing a criminal charge, loss of your license and your reputation is on the line. Your work may be on the line depending on how they view a conviction for a DUI. So, many people are searching for what they can do to get their cases dismissed.

One confusing point that comes up is, once you get arrested, and the police send you to court with usually a citation, and you bail out and are ordered into court, there's nothing to get dismissed yet.

So, the first question is, how do you get your case not filed in the first place? That comes even before you start talking about a dismissal because if they don't rub it, it's even better. After all, there's nothing to dismiss, and there's nothing on your criminal record other than possibly the arrest record, which is a different subject.

So, talking about how you can avoid a case even getting filed in the first place, that's where you give your attorney all the information. Your attorney can approach the filing prosecutor. It's usually the City Attorney if it's a misdemeanor DUI and tries to convince them not to file it. But, once a case is filed, you can start thinking about what you can do to get it dismissed.

The first angle shows the prosecutors that they have a problem with the case and that it is severe enough to warrant a dismissal. Sometimes there can be a problem with a DUI case in Los Angeles proving that the blood alcohol level was a .08 or greater.

That's one way to get a case dismissed. Another problem that I frequently see in DUI cases which I've been using for the last twenty-five years, is to argue that the person being charged wasn't driving the vehicle, and they can't prove when the person is driving the car.

If you can't prove when the driving took place by taking the person's blood-alcohol level, that's a big problem in any DUI case. That's one angle that can be used to dismiss a case.

Jury Trial

Another angle to dismiss a case is to get a not guilty verdict in a jury trial, and then the judge would dismiss the criminal charges and the DUI charges against that particular person. So, there are a bunch of different angles. Motions can be filed. There can be a blood split done if there's blood taken. Experts can be hired. So, this is a way to get a dismissal in any DUI case.

There's another way. Another example is, what if you've been convicted and want to get a dismissal in a DUI case after the conviction? A motion can be filed under Penal Code Section 1204.3, asking the court to dismiss the case.

Sometimes this is called an “expungement,” but the reality is in California, they now call this a “dismissal.” To get this dismissal, the probation has to be over. The person will have had to have done everything they are supposed to during the probation, not pick up any new criminal cases, and no probation violations. Then they can seek dismissal under Penal Code 1203.4 of their entire DUI case.

Many people will try to do this before their probation is over. Most of the time, this will be met with a denial by the judge. First off, your probation is not over, so you can't get it dismissed.

Secondly, if you haven't completed all of the terms and conditions of your probation, there's no way you're going to get the case dismissed. I've seen and been involved with circumstances that I've seen a motion to terminate the probation early. If granted, you can request that the judge dismiss the case under Penal Code Section 1203.4.

So, if you're looking for a dismissal, you're going to need to sit down with a DUI attorney who has handled many cases in Los Angeles, who has had success in both felonies and misdemeanors, and who knows all the angles. What I do is sit down with somebody. I listen to what they say.

I use my experience and common sense, and if the case is not going to be dismissed, I will tell the person. There's no reason to lie to somebody and not be genuine with them. Tell them it will not be dismissed and why it's not going to be dismissed.

Maybe it can't be dismissed now, but it could be rejected at some future time. You tell the person about it. You tell them what steps and procedures they will need to get that dismissal.

The reality in California is that there's no such thing as a true expungement. So, it's never going to be wiped off somebody's record. It will just show a dismissal on the form after a DUI case. So, this is how criminal cases work.

This is how DUI cases work. So, if you need an answer, you need to get to somebody like me, set up a consultation, and get the case taken care of.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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