loss of license,not covicted of DWI ?

[sunnie01]

was charged with DWI,and then case was dismissed .however,my license was suspended as if i was convicted of this charge.can somebody explain the rules of this law to me? wondering in kansas.

 

[pellinen]

I am a California attorney and as strange as it seems, the DMV can suspend your license even if the case is dismissed by the d.a. or charges are reduced to, e.g., reckless driving, a moving violation, drunk in public etc. The best way to keep your license and avoid a DMV hearing is to have the court or a jury find you "not guilty" based on the facts of the case. In other words, you have to go to trial.

 

[bini]

I am from Kansas and have studied the Kansas law.

In the state of Kansas what happens in court and what happens with the DMV is two different things.

Examples:

1. You don't take breathalyzer the DMV will automatically suspend yur license and it will remain suspended for 1 year even if you are found not guilty in court.

2. You take breathalyzer and fail, then license is automatically suspended by the DMV even if you are found innocent in court or if it is dismissed.

3. You either take or don't take a breathalyzer and the DMV doesn't suspend your license because of some kind of a technicality and you are in turn found guilty in court the DMV in in turn suspend your license.

I can give you more examples but that is the gist of the situation.

Also when you were given the pink paper that said you could drive for 30 days, and it had a place on it for you to have a hearing and get your license back. If you had gone to and won that hearing (very unlikely) then you would have your license now.

To make a long story short your license is suspended by the DMV because you either refused a breath test or you failed one and in the State of Kansas to them it does not matter what the court says.

I hope this helps
Bini