Helmandollar pleas and DUIs

As we have discussed here before, both the  DMV and the Court system have the ability to suspend your driver's license after a DUI. There are, however, few circumstances wherein the Court can order the DMV to re-issue someone’s license.  This most frequently happens when the DUI charges are dismissed by the District Attorney's Office or an acquittal is obtained after a trial, after which a "Dismissal hearing" is held to refute the DMV's previously obtained evidence against the driver. The other way this can happen is through the use of a “Helmandollar” Plea. In the original Helmandollar case, the driver beat the DUI charges in court after losing the DMV hearing. 

There are two rather large challenges in being able to enter a Hellmandollar plea, however.  Perhaps most difficult is getting the prosecutor to agree to dismiss the DUI charges and ​admit there is some deficiency in the evidence that is great enough to equate to actual innocence of the driver. Then, of course, the judge must agree to accept such a plea.  Once that happens the driver's license suspension and DMV conviction are set aside under Vehicle Code 13353.2 which states, “If a person is acquitted of criminal charges relating to a determination of facts under [the administrative per se law]…the department shall immediately reinstate the person’s privilege to operate a motor vehicle.” (However, this language does not apply to a suspension based on a driver's  refusal to take a chemical test.)

While these pleas are certainly hard to get, if you are a person who cannot stand to lose their driver's license an experienced DUI attorney can help you explore this option.