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Q: Is a refusal case with a dmv worth fighting?
I’ve been found not guilty no intoxication on a dui case I still have a upcoming refusal case at the DMV court, I’ve lost my license for one year but I don’t need to drive for a year, I’m worried about my driving record showing the refusal and having trouble finding a job in the future. How long does a refusal stay on driving record, is it worth pursuing the dmv case?
A: If you have the DMV hearing yet to come and your court case has been won (you write "not guilty") why is your license suspended? Under these facts, your license shouldn't be suspended. Assuming that there's a mistake, and the DMV hearing is in the future, if you can win the hearing the license suspension (due to the refusal) will be lifted and you won't have to do anything further to reinstate your license, including pay for SR-22 insurance. If you can afford a lawyer you should contact one and discuss your case, the pros and cons of fighting a DMV hearing and the likely outcomes. It seems like if you have won the criminal case you should want to get the DMV case kicked out if you can, it will remain on your driving record and will likely have consequences in the future.
Patrick J. Silva - Attorney at Law
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