Many people often wonder how they can get their license back after they either (1) lost their DMV hearing, or (2) failed to request one. While it is true that the DMV and Court cases are generally separate, there are few circumstances where the DMV may be required to re-issue someone’s license by the Court. One of those situations is where the DUI charges are dismissed and a “Dismissal” Hearing is requested for your San Bernardino DUI attorney to refute the DMV’s evidence once again. The second situation is after your San Bernardino DUI attorney successfully uses a “Helmandollar” Plea.
A “Helmandollar” Plea is titled after the case where it was originally used – Helmandollar v. DMV, (1992) 7 Cal.App.4th 52. In the case, the Respondent was able to obtain an acquittal of the DUI charges after losing the DMV hearing. After obtaining that acquittal, it was then used to effectively force the DMV to reissue a valid license and remove the suspension from the driving record.
There are a couple of ways to get this effect after an acquittal. If you take your case to trial and are acquitted, the language in the acquittal will be sufficient to require DMV to reissue a license. Alternatively, obtaining a “Helmandollar” plea will have the same effect. With a “Helmandollar” plea, the court includes language in the minutes of a case that reflect a factual finding of innocence with respect to the allegations of VC 23152(b) – driving with a BAC of .08% or greater. The language in this must be correct as the DMV will not accept a request to “set aside” the suspension without appropriate language and findings in the Court’s minutes of the case. An experienced San Bernardino DUI attorney will be able to help with this.
However, the most important thing to remember with this is that these types of pleas are not easy to come by. The prosecution must be willing to dismiss the DUI charge and admit that there is a deficiency in the case that requires factual innocence – not an easy thing to do for the District Attorney. Second, the judge must also be willing to accept this type of plea. You should contact a San Bernardino DUI attorney immediately to begin investigating your case, taking the steps necessary to ensure proper and efficient representation.