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License reinstatement after acquittal

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Daniel Miller, Apr 5, 2019.

  1. Daniel Miller

    Daniel Miller Law Topic Starter New Member

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    I am doing research for a firm regarding an interesting situation with one of their clients. The client was arrested for a DWI, challenged the license suspension via an ALR hearing, and lost. Then the prosecutor dismissed the case completely. Is it possible for the attorney to use that dismissal of the case to go to DPS and reinstate the license? It doesn’t seem right to keep the man’s license suspended after charges are dropped.
     
  2. army judge

    army judge Super Moderator

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    Anything is possible in the USA, even getting a bunch of felonies nolle prossed, having the case sealed, and walking away without a record.

    A certain woman sold a vast portion of the US uranium reserves to the Russkies, made millions, and nothing happened to her.

    A certain president gave $150,000,000,000 in cash to the Iranian mullahs, without suffering any legal penalties.

    The USA makes the impossible possible for the big dogs, even the little pooches, too!


    A suspended license is not the same as a revoked license.

    A dismissed charge doesn't mean the person received a not guilty finding, either.

    This link explains the difference between the two:

    Here Is the Difference Between a Suspended and a Revoked License
     
    Disabled Vet likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    I don't think it should come as a surprise to you that it's not that simple. There appears to be an appeal process where the lack of prosecution may be helpful.

    https://www.dps.texas.gov/DriverLicense/alr.htm
     
  4. Highwayman

    Highwayman Well-Known Member

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    If the perpetrator refused a chemical test then he'd get his license suspended and it would have nothing to do with any criminal charges, or lack thereof.

    Please don't tell me you work for a law firm. That would be pretty sad.
     
    army judge likes this.

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