California DUI - Failure to be charged

[mherman315]

California

I was pulled over 11/29/2009 and was never called into court. I called the court every 2 weeks until 11/30/2010 and they told me that I was in the clear. Cool, Great, Fantastic.

Now, I went to get my license back, but the DMV still has a record of having Alcohol on my breath. Thus, they tell me I need an SR22 insurance form.

My question is: If I was never charged, should I have to carry said insurance? There is no formal charge, only the DMV record. Can I get out of the SR22?

Thanks!

 

[woodykas]

yep. there is actually two charges, one - criminal for DUI, and one administrative by DMV, so you are clear only for one of them.

 

[grishid]

I dont get it, were you arrested for DUI? u said you were stopped but never got called to a court? does that mean they never filed your case? were you charged and they never filed?

 

[CdwJava]

I dont get it, were you arrested for DUI? u said you were stopped but never got called to a court? does that mean they never filed your case? were you charged and they never filed?

If I recall correctly he was cited for VC 23140 - zero tolerance (underage with a BAC of .05). Apparently they never filed in court for it. Lucky him.

But, the DMV can still take administrative action on his license, and the time for him to have his hearing passed a long time ago.