
Winning a DUI case in criminal court is a landmark victory, but for many in California, the administrative battle with the DMV remains an uphill climb. Even if an initial Administrative Per Se (APS) hearing resulted in a suspension, a specific legal maneuver known as a “Helmandollar Acquittal” offers a powerful second chance to reinstate your driving privileges.
As demonstrated in a case handled by top tier attorney Matthew J. Ruff, leveraging this technique can force the DMV to reverse a suspension even after the administrative process has concluded.
Beyond the APS Hearing: The Power of VC §13353.2(e)
Typically, a DMV suspension through the APS process is considered final unless it is appealed immediately. However, Vehicle Code §13353.2(e) creates a vital legal safety net. This statute mandates that the DMV must reinstate a person’s driving privilege if they are later “acquitted” of the related criminal charges in a court of law.
This maneuver allows a driver to bypass the results of a failed DMV hearing by utilizing the outcome of the criminal trial.
How the “Helmandollar Acquittal” Works
The term “Helmandollar Acquittal” refers to the precedent set in Helmandollar v. Department of Motor Vehicles, which clarified how criminal court outcomes affect DMV status. In the case managed by Mr. Ruff, the strategy followed this established legal path:
• Securing the Not Guilty Verdict: The client was acquitted after trial on the charge of violating Vehicle Code §23152(b) (driving with a BAC of .08% or higher).
• Filing the Mandatory Motion: Following the verdict, Mr. Ruff filed a formal Motion to Reinstate Driving Privileges.
• Invoking the Helmandollar Precedent: The motion argued that since the court made a finding “on the merits” favorable to the defendant, the DMV was legally required to set aside the suspension.
• Establishing Equality of Elements: Because the elements of VC §23152(b) are essentially the same as the issues decided in a DMV hearing, a “Not Guilty” verdict in court effectively overrides the DMV’s previous administrative finding.

Why This Matters
The Helmandollar maneuver is essential because it ensures that the Superior Court’s findings take precedence over administrative decisions.
• Mandatory Reinstatement: The law states the DMV “must” or is “required” to reinstate the license; it is not a discretionary choice for the department once the acquittal is proven.
• Correcting the Record: It prevents a driver from being punished administratively for conduct that a court of law determined they did not commit.
• A Final Safety Net: It provides a crucial second opportunity for drivers who may have lost their initial APS hearing but were ultimately vindicated in the criminal justice system.
By successfully navigating these statutes and the Helmandollar precedent, Torrance DUI Attorney Matthew Ruff was able to have the DMV suspension set aside and his client’s driving privileges fully restored.










