No case filed by DA-will they? DMV?? CA

[reelmandy]

What is the name of your state (only U.S. law)? CA

Hey everyone, thanks for the free advice.
Today I went to my arraignment and was given a notice "No case filed by the DA's office" with the circle marked. "Office of the DA has reviewed the paperwork and returned it to the Police Department. It is possible that charges could be filed at a later date."

Just wondering how often that happens, and for what reason.

Also, I have my DMV hearing, will this have any bearing on my DMV case?

The main problem was that I was parked in a parking lot at the time, someone else called the police and they had no idea when I got there or how long it had been since I was actually driving. Also, the blood test was much later in the night, at least 2 more hours, and by that time it was at least 31/2 or 4 hours after I had stopped driving (which, again, they cant prove).

Any advice is welcome!! Just not sure how to proceed at the DMV hearing to make sure my license isn't suspended.What is the name of your state (only U.S. law)?

 

[swalsh411]

What you're talking about is an administrative hearing on the status of your license. The criminal action (or inaction in this case) of the DA has no bearing. If you want the best chance of keeping your license you should get an experienced DWI attorney. It will almost certainly cost you a lot more in the long term if you cannot legally drive.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA

Hey everyone, thanks for the free advice.
Today I went to my arraignment and was given a notice "No case filed by the DA's office" with the circle marked. "Office of the DA has reviewed the paperwork and returned it to the Police Department. It is possible that charges could be filed at a later date."

Just wondering how often that happens, and for what reason.

It could be that the entire report was not in, or, if they took blood it could also be that the blood test results were not back.

It could mean they need more information or some clarification, or it could mean that the case did not seem strong enough and the BAC came back below .08 or, worse, below .05.

They have one year from the time of the offense to file.

Also, I have my DMV hearing, will this have any bearing on my DMV case?

None at all.

if you have a DMV hearing then I can assume that there was a BAC test of .08 or higher. If so, you may well lose your license. But, if the chemical test is not back by the hearing, then you may be able to delay it. If it was a breath test and the result was .08 or higher, then the process is pretty much pro forma.

The main problem was that I was parked in a parking lot at the time, someone else called the police and they had no idea when I got there or how long it had been since I was actually driving. Also, the blood test was much later in the night, at least 2 more hours, and by that time it was at least 31/2 or 4 hours after I had stopped driving (which, again, they cant prove).

That may be why the DA is reluctant to pursue it. The DMV may share the same reluctance ... though an argument can always be made that your BAC was dropping.