Q: I was charged with dwi and refused to a chemical test and released on 180/80. Dmv hearing judge granted my driving
Privileges back. So what happens with the charges
A: The civil refusal hearing before a DMV administrative law judge is separate from the Criminal Charges. Where is your matter pending at? You need to immediately consult with an experienced criminal defense lawyer for proper representation.
A: The two issues are separate. A refusal hearing is a civil matter. The DWI charge is a criminal matter. These are heard in separate forums are are completely separate from each other. You still need to defend yourself in the criminal case.
Peter J. Weinman agrees with this answer
A: The criminal charges are separate from the DMV refusal case. You will still need to deal with the criminal case, but depending on how the DMV case goes, you might get some testimony at the DMV that helps in the criminal case. Did the DMV judge give you your license back due to the officer not appearing on the first hearing date, or because the judge found that there wasn't a refusal? You should speak to your attorney directly about what's happening. If you do not have an attorney, you need to hire one immediately to fight this case for you.
Peter J. Weinman agrees with this answer
A:
Hi - sorry about your incident. The others here are correct. When one is arrested for DWI and there was a refusal to submit to a breathalyzer, that triggers not only a court case, but an administrative hearing with DMV. The court case is independent of the refusal hearing conducted by DMV. If your officer or trooper did not appear on the first scheduled date of the refusal hearing (now done via phone), the the DMV Judge is mandated to reschedule the case and in the interim, your privileges are reinstated. If there was an actual hearing and after police testimony the DMV Judge returned your privileges, congrats, that is great and will be helpful with the court case and have a less drastic result on your driving privileges in the long run.
Your court case is totally separate. I would highly suggest you reach out and connect with an attorney in order to discuss your situation. Each case is different and a solid attorney can advise you on how they would proceed and what strategy they would use in order to achieve the most favorable resolution possible. Best of luck.
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