Order of set aside..charges to come later?

[acfolyfe]

What is the name of your state? CA

Male/21
well first the story...
I was at a friend's house, and knowing I had to drive a couple people home, I drank a tall can (24 oz) and waited a couple hrs before heading out. I was driving home around 2am & I hit a checkpoint. The officer told me I blew a .14 and off to jail i went. Knowing there was no possible way my BAC was that high, I submitted to a blood test.

Fast forward 3 weeks later and I receive a note from the dmv saying that my case had been "set aside" but not ended and I could go to the DMV to get a new license. If my case had been dismissed, wouldn't I have gotten my old license back instead of having to re-apply for a new one?

Basically, I want to know what exactly having my dui be "set aside" means. Should I not tell everyone I had my DUI dismissed?

Oh yea... dude never asked me to sign my DUI ticket..it just has a circle around the X next to the signature line
does that have any ramifications on the case if they did decide to charge me?

Thanks and God bless,
Andy

 

[CdwJava]

Show up on your court date indicated on the citation. Consult legal counsel beforehand if you can afford one. The lack of a signature on the citation only means they may not be able to charge you with failing to appear at your court date if you decide not to show ... it does NOT give you an opportunity to slip loose of the charges if the DA files.

The letter from the DMV simply means that they have set aside the suspension for the time being. That is likely because either the paperwork they received from the agency was incomplete or received too late. This has NOTHING to do with your criminal proceeding as it i a separate, administrative matter with the DMV.

- Carl

 

[LakersFan]

Show up on your court date indicated on the citation. Consult legal counsel beforehand if you can afford one. The lack of a signature on the citation only means they may not be able to charge you with failing to appear at your court date if you decide not to show ... it does NOT give you an opportunity to slip loose of the charges if the DA files.

The letter from the DMV simply means that they have set aside the suspension for the time being. That is likely because either the paperwork they received from the agency was incomplete or received too late. This has NOTHING to do with your criminal proceeding as it i a separate, administrative matter with the DMV.

- Carl

I think his BAC (blood test) came under .08 thus no license suspension by DMV unless court orders it.

 

[CdwJava]

I think his BAC (blood test) came under .08 thus no license suspension by DMV unless court orders it.

That's possible ... but, I find that more often they drop the matter because the agency failed to submit the proper paperwork. But, this is a viable possibility. If so, they need to get their field PBT tested!

- Carl

 

[acfolyfe]

Thanks for the replies guys....

A day later (today), the DA also sent a letter saying that there will be no criminal charges filed at this time after they reviewed the police report and said that i would not have to show up at court.

Last paragraph: "Should further investigation into this matter result in the filing of criminal charges, you will be notified by mail of your new appearance date in court."

So..am i still under investigation, or is this more of a scare tactic kind of manuever?

Thx

 

[CdwJava]

Thanks for the replies guys....

A day later (today), the DA also sent a letter saying that there will be no criminal charges filed at this time after they reviewed the police report and said that i would not have to show up at court.

Last paragraph: "Should further investigation into this matter result in the filing of criminal charges, you will be notified by mail of your new appearance date in court."

So..am i still under investigation, or is this more of a scare tactic kind of manuever?

Thx

Well, either the blood test came back negative, the case was very weak, or the results have not come back yet at all so the DA is holding back.

All we can do is speculate as to why they have dropped charges. But, if all they are doing is waiting for the blood test, this can come back up again later.

- Carl

 

[BigMistakeFl]

BigMistakeFl

Agree with Carl. It sounds like they just want to leave it "open ended" in case.

 

[Fabreezai]

Acfolyfe-

Not sure how it works in CA but in CO a PBT test is not admissible as evidence, it must be a blood or breath test (from the machine at the SO) aka "the initoxializer" . Otherwise I would agree with Carl and Big. You can also request a "discovery" from the DA's office where this happened and find out what they know. hope that helps.

 

[CdwJava]

Acfolyfe-

Not sure how it works in CA but in CO a PBT test is not admissible as evidence, it must be a blood or breath test (from the machine at the SO) aka "the initoxializer" . Otherwise I would agree with Carl and Big. You can also request a "discovery" from the DA's office where this happened and find out what they know. hope that helps.

The specific reading is not generally admissable, but as part of the FSTs it IS a valid test.

Additionally, if the matter has been dropped for now, there is no case upon which the OP can request discovery. So, he will have to wait until (if) it rears it's head once more.

- Carl

 

[Fabreezai]

As I said, thats the way it works in CO, was not sure in CA. Now I know!

 

[CdwJava]

As I said, thats the way it works in CO, was not sure in CA. Now I know!

Both elements seem to be the same in CO as in CA.

- Carl

 

[Fabreezai]

The way I understand it, in CO a PBT is only a reference for a PO to determine that you have some "kind" alcohol in your system (not a false positive) and from that point it is a actual "BAC" test that will determine how much (and what it is, if it's a blood test) if it is admissible, otherwise the DA cannot use it. Am I correct or is that basically the same thing you just said?

Sorry, just trying to set myself straight.

 

[CdwJava]

The way I understand it, in CO a PBT is only a reference for a PO to determine that you have some "kind" alcohol in your system (not a false positive) and from that point it is a actual "BAC" test that will determine how much (and what it is, if it's a blood test) if it is admissible, otherwise the DA cannot use it. Am I correct or is that basically the same thing you just said?

Sorry, just trying to set myself straight.

That's the same way.

The actual numerical result cannot generally be used to show the specific BAC (i.e. to prove the elements of the 'per se' statute - .08 or above). It CAN be used as part of the Field Sobriety Tests to help establish the presence of alcohol, however.

Only with minors are the PBT/PAS device readings accepted.

- Carl

 

[Fabreezai]

Loud and clear Carl-

thanks, I was not sure of the "per se" laws. I do know that although the limit is .08, it is in actuality .05, as at that point you can be convicted of a DWAI and where I'm at all that means is you get an extra letter (everything else is the same, classes, jail time, fines, etc.) Although they might be less than a DUI, you still have to go through it (on your record, etc.) correct?

 

[LakersFan]

What about in claiming declining BAC?