Helmandollar plea or How to Keep Driver’s License after DUI

February 5, 2015

Helmandollar

Typically, any DUI conviction or an adverse finding by the DMV at an APS hearing will result in a loss of driver’s license. Short of pleading to a reduced charge (a wet reckless or a dry reckless) and getting a set aside at the Admin Per Se hearing, the driver’s license will be lost for a period depending on number of priors. An attorney can negotiate a DUI plea that will result in no loss of license. Under a 1992 decision from the Court of Appeals, a plea to a VC 23152(a) and an explicit finding of not guilty on VC 23152(b) will result in set aside from the DMV and a no-loss of license to the driver.

Around 1992, Mark Helmandollar and his colleague were arrested for DUIs after chemical test showed .12% blood-alcohol level. Both men lost their respective Admin Per Se hearings, but the prosecutor was convinced of a rising blood alcohol level defense and negotiated a plea to a wet reckless with a specific acquittal of a Count 2 – California Vehicle Code Section 23152(b). After the plea, Helmandollar tried to convince the DMV to restore his license. The DMV denied such request and after losing a writ petition, Helmandollar prevailed at the Court of Appeals by arguing that CVC 13353.2(e) requires the DMV to reinstate driver’s license after acquittal of driving with a blood alcohol level of above .08%.

This case law can now be used to keep driver’s licenses after a DUI in California. Los Angeles DUI Attorney will help you achieve such a result. It is however is not an easy task and many prosecutorial agencies have a policy not to agree to a Helmandollar plea. Skillful lawyering needed to achieve such a result, especially in Los Angeles DUI courts.
Los Angeles DUI Attorney

If you have any questions about your case, call Drunk Driving Defense Attorney directly. You will get a FREE DUI case review!

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