Underage, arrested for dui 1.5 months ago, paperwork not filed. Stuck in Limbo.

[mherman315]

East Bay - CA

I was pulled over on November 29th for speeding, I had been drinking. Proceeding the sobriety test, I blew a BAC of .078, Just below the CA legal limit, but since I am 19, I believe the law says I should be charged regardless. The officer confiscated my license, did not tow my car, and did not arrest me. Instead he allowed me to call a family member to pick me up and move the vehicle to a legal parking spot. He did state that I was being arrested for a DUI while he sat me on the curb next to his squad car.

The “arresting” officer confiscated my license and provided me with a temporary pink sheet that would act as my license for 30 days. Along with that, he also gave me a document stating my court date, time, and the “charge” [23140(a) of CVC]. Court was on January 11th. I arrived at court on the the 11th only to discover that my name was not on the “roster” to be seen. I went to the clerk and she told me I was not in the system and that they have up to a year to file the offense/charges.

My questions are as follow:

It seems like 1 year is a long time to wait, does the officer or whoever has to file really have 365 days?

If I'm stuck in Limbo, what is my next step? Do I start going to AA, or sign up for some type of class? I really have no idea what could happen.

What do I need to do for my insurance, I heard of a type of insurance i need to file for, but i don't understand what it is or how it works or even how expensive it is.

What kind of fines am I looking at?

I've had a lot of people tell me I could get “lucky” and they could not file the paper work. I feel like that's foolish, is it?

I realize the min. suspension is 1year, but can i drive sooner (freely, i don't care about the provisional)?

Any input is greatly appreciated!

Thank you for your time.What is the name of your state (only U.S. law)?

 

[CdwJava]

I was pulled over on November 29th for speeding, I had been drinking. Proceeding the sobriety test, I blew a BAC of .078, Just below the CA legal limit, but since I am 19, I believe the law says I should be charged regardless.

You can be charged with DUI per CVC 23152(a) and/or underage drinking and operating a motor vehicle per CVC 23140 (.05 or higher) or 23136. So, yes, they can get you two different ways.

Being under the per se limit does not get you out of a DUI. Peopl high on drugs will have a BAC of .000 so it is the impairment that will get you in that case, not the BAC.

The “arresting” officer confiscated my license and provided me with a temporary pink sheet that would act as my license for 30 days. Along with that, he also gave me a document stating my court date, time, and the “charge” [23140(a) of CVC].

Okay. Then it is the zero tolerance DUI of being underage and having a BAC of .05 or higher.

It seems like 1 year is a long time to wait, does the officer or whoever has to file really have 365 days?

The state has one year to file charges in a misdemeanor, yes. I doubt they will wait that long, but, maybe.

It could be that the DA has the report but they have not processed it yet.

If I'm stuck in Limbo, what is my next step? Do I start going to AA, or sign up for some type of class? I really have no idea what could happen.

Do you feel you need AA or some other type of class? it might look good if you have taken initiative to address your drinking before required to. Judges tend to like that.

What do I need to do for my insurance, I heard of a type of insurance i need to file for, but i don't understand what it is or how it works or even how expensive it is.

You have not been convicted yet ... though the DMV may take action on your license.

ave you contacted the DMV about an appointment for a hearing? if you did not do that within 10 days, your license was probably suspended automatically on December 29th.

What kind of fines am I looking at?

That depends on what else they might hit you up for.

The low end will probably be about $445.

I've had a lot of people tell me I could get “lucky” and they could not file the paper work. I feel like that's foolish, is it?

You might get lucky ... don't count on it, though.

I realize the min. suspension is 1year, but can i drive sooner (freely, i don't care about the provisional)?

That depends on whether you are convicted or not.

 

[mherman315]

I got lucky

No charges +1 year later. Wondering if i still need to carry an SR22?

No formal charges. only a DMV record. If there was no charge, should I have to carry it?

DMV told me I needed it when i tried to get my license back. I was wondering if it was a valid request considering i did not get charged.

thanks

 

[CdwJava]

The DMV can take action regardless of whether or not you have been charged.

 

[Iwonder?]

yup

The DMV is an entity amongst itself. Oh shoot My Reg is due. Gotta go they are like the IRS.