CA DMV "Charges Set Aside" DUI Info?

What it means? It means you beat the wrap you lucky SOB. I got pulled over blew a .06 they still took me to jail and booked me for a DUI. I was not very cooperative with the arresting officer. That may explain why he arrested me. 2 weeks later I got a notice saying charges have been "set aside" from DMV. 2 weeks after that I showed up in court as ordered. My case was not on the docket. I asked the DA's office why not and they said, I could walk "lack of evidence to prosecute". So I did. Also remember only DMV has the authority to revoke your driving privileges not the criminal court. IF the DMV say charges have been set aside the DA aint got a pot to piss in. You can walk. They might get you for the speeding or what ever bs the arresting officer said was "probable cause" in my case they did not do shit. Don't trust cops. Its this mentality that got me off. If I would have believe that cop I would have been screwed royally. Did not blow into the field sobriety tester and passed on the "Roadside Olympics". I told them to arrest me and take me to jail, they did. Since they had nothing to book me on they offered me the breathalyzer again. I took it but it was 2 hours later. I totally passed. Spent the night in Jail, car got towed, had to pay to get it out. ETC. cheaper than filing an SR22 sunshine. So yeah, you got off. But guess what I just got a ticket today for a california stop. IF you live in SF bay area be careful man. I have lived here my whole life (47 years) and have never seen it this HOT! Cops are enforcing everything.

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Nighthawk says:

April 19, 2010 at 5:01 pm

You have a great attitude toward police officers.

I am not trying to defend any officers who have been disrespectful toward a citizen in the field whether the encounter was due to a traffic violation or that of a citizen just needing help. As officers being rude or disrespectful is not part of their ordinary demeanor.

By the same token there are those who have a chip on their shoulder and classify all peace officers in the same category. It is this type of person who will sometime take an incident of nothing more than a possible traffic violation and elevating it to that of a more serious charge.

Being respectful and using good judgment is an ingredient that all people should have when dealing with others. Unfortunately there are always those who have a preconceived view that law enforcement officers are only there to pick on them.
Max H says:

April 19, 2010 at 5:01 pm

I would guess the exact opposite happened

DA kicked the case due to < .08, and notified DMV that it was dropped
Nick R says:

April 19, 2010 at 5:01 pm

You are mostly correct. (and hopefully feel better after letting out some understandable emotion)

The DMV "set aside" charges (separately and independently of any action(s) taken by the DA’s office)

The DA or the court "dismiss" or "drop" charges (separately and independently of any action(s) taken by the DMV)

From what you write, it sounds like you scored both a "set aside" from the administering agency as well as a "dismissal" from the law enforcement prosecution agency.

Not all cops are d***heads but the ones that are sure can make it seem that way. A good "basic rule" to keep in mind is: "The attitude of the citizen determine the actions of the officer".

Kick back and relax with a drink now. Sounds like you deserve it!