If I get a DUI in a different state than I am licensed in,is my right to drive in that state automatically restored once the case is dismissed in court?

I never paid my fine. I was arrested on a warrant and charged with driving without a license. I went to court and was sent back to the courthouse where the original DUI was handled to take care of the warrant and the fine. I paid the fine and the case was dismissed. I have a court date coming up to handle the driving without a license charge. Since the original DUI was dismissed is my right to drive automatically restored?

Asked on October 25, 2011 under Criminal Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Even though the driving under the influence of alcohol or a controlled substance charge was dismissed, you still have a charge of driving without a license which is a separate and unrelated charge than the one that was dismissed.

As such, your right to drive was not automatically restored due to the dismissal of the first charge. I recommend that you retain a criminal defense attorney to assist you concerning the upcoming court date for driving without a license in order to get that charge squared away. Most likely a competent criminal defense attorney will be able to minimize any resulting penalties that could result given the current charge that has not been dismissed in light of the dismissal of the driving under the influence.

Good luck.


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