If myOUI was dismissed, why doI still have to attenddriver education classes and get an ignition interlock device?

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If myOUI was dismissed, why doI still have to attenddriver education classes and get an ignition interlock device?

I had a second offence OUI and to make a long story short, the police department didn’t do their job correctly. My case was dismissed by the district attorney when the police department’s evidence was thrown out by the judge. Basically not being proven guilty and “getting off” why do I still have to attend DEEP (Driver Education and Evaluation Program) and get one of those devices on my car ignition? Why if my case was dismissed and I’m  “not being guilty” do I have to go through everything but jail time to get my license back?I can’t really grasp this concept. Am I not, for the most part, found innocent by not being proven guilty?

Asked on February 5, 2011 under Criminal Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the case was dismissed, then it would seem that you would not have to do any of the things required by a second offense; you should, if you haven't already, contact the court and/or the prosecutor's office and inquire into this. It's possible that there has simply been some error and the fact that the case was dismissed has not been taken into account. Another possibility is that if the DEE:P and interlock are triggered by a second  arrest, it may be the case that being arrested is enough even if there is later no adjudication of guilt; there's not enough detail in your question to tell if that's the case.

As a general matter, having a case dismissed is NOT the same thing as being innocent; it's not even the same thing as being found not guilty. A dismissal is a non-adjudication, not a favorable one.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, I can truly understand your point and your frustration.  May I ask: did you refuse any of the testing?  Like the filed sobriety test or the breathalyzer?  If you did then that could be the reason that your license is suspended.  Subsequent dismissal of the OUI charge does not matter in this type of case.  You could still lose your license.  And if attending the programs are associated with losing your license (which is associated with the refusal and not the dismissal), then yes, you will still have to do them.  As for the Ignition Interlock Device, I would speak with your attorney.  That seems a bit extreme but again, it depends on how the law is written.


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