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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27488
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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California- My 18 yo daughter was pulled over by CHP for making

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California- My 18 yo daughter was pulled over by CHP for making a wrong turn and she was issued a citation for DUI and her license was taken. We went to court, and the DA had dismissed all charges, but the DMV is stating she still cannot drive, cannot get a restricted license to go to school or work, and she has to get SR22 insurance. How can she be cleared by the DA and not by the DMV?

If she got an outright dismissal of the charges (as opposed to a negotiated plea agreement that resulted in a dismissal), then she should be able to get her license restored without having to get the special insurance. She would need to get some kind of official documentation from the DA's office attesting to the fact that she'd committed no crime and the DMV should be willing to honor that.

If she got the dismissal as the result of a diversion disposition, though she would be able to say that she had no criminal record, the DMV would consider the matter as a conviction in so far as the revoking of her license was concerned.
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