The Helmandollar Waiver is something in California that the court can give you if your DUI has been lowered to a different offense (such as "wet reckless") and thus your license should not be suspended by the CA Department of Motor Vehicles (DMV).
Helmandollar versus the DMV was the name of a court case in 1992 and where the Helmandollar waiver or form name comes from. The case ended with the court requiring the DMV to set aside a suspension where a defendant is found not guilty on the charge of 23152(b) (driving with .08% or more alcohol by volume).
In California the Department of Motor Vehicles may suspend your license if you drive with a blood alcohol level over .08%. If someone is arrested and the officer sends suspension paperwork to DMV, the District Attorney (DA) also files criminal charges for a violation of Vehicle Code 23152(b), which is also based on driving with a blood alcohol level of .08%.
[Let CarInsurance.com help you find affordable auto insurance now.] So if the CA DMV suspends your license, but you are found not guilty of VC 23152(b), than through the "Helmandollar Waiver" the DMV should reinstate your driver's license.
The Helmandollar case illustrates a procedure which prosecutors and defense attorneys can use in California to resolve a DUI charge where the actual BAC is in doubt or where there is a question about whether the defendant was the driver of the vehicle.
From what we have read under this procedure, the prosecutor and the DA can agree to a court trial, stipulate that the defendant's BAC was under 0.08% at the time of the offense, and submit the charge of driving with a BAC over 0.08% to the court for decision. Then, based upon the stipulated evidence, the court should find the defendant not guilty of driving with a BAC over) 0.08%.
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The defendant, then facing only the DUI charge pleads guilty to alcohol/drug related reckless driving (such as wet reckless). Because the court acquitted the defendant of driving with a BAC over 0.08%, the law requires that the defendant's license not be suspended by the California DMV.
So the Helmandollar waiver provides that where a person is acquitted in municipal court trial of driving with a BAC of over 0.08%, but pleads guilty to an alcohol-related reckless driving as a lesser offense to the charge of driving under the influence, per se the DMV must reinstate the person's license.
Since this is a legal procedure if you need more information about it we would advise you get legal counsel. |