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What is the Relationship Between California DMV laws and Court Orders?

Contrary to popular belief, the criminal court and the DMV are two separate entities, with very little connection with each other when it comes to the enforcement of sentences and potential penalties.

The Court is a judicial entity and follows its own set of laws and procedures where as the DMV is an administrative entity with its own as well. When you have a scheduled court date, it is different from your DMV hearing. Each will look at their own set of questions and requirements and may arrive at different conclusions regarding your case. The court has no control over your driving privileges; these are solely up to the DMV to be decided at your DMV hearing.

If the court reduces your DUI conviction to that of a reckless driving or exhibition of speed, the DMV still have the right to suspend your license as if you had been convicted of a DUI. The ruling found in court is not binding upon the DMV, they are free to arrive at their own conclusion based on the facts and make their own findings.

Similarly, if you refuse to provide officials with a breath or chemical test at the station during your arrest, the DMV is able to charge with your enhanced penalties according to the law, even if the court finds otherwise.

A knowledgeable Los Angeles DUI Defense attorney represents thousands of clients not only in court but in DMV hearing as well and as a result has over thirty years of experience in preparing strong defenses to not only protect your rights but your driving privileges as well!