Saturday, July 21, 2007

Legal Rights at a California DMV Administrative Hearing

What are your legal rights at a San Diego California DMV administrative hearing?

You have the right to be represented by a California attorney or other representative, at your own expense. Representation by a California lawyer is not required but it certainly desirable.

You have the right to review the evidence and to cross-examine the testimony of any witnesses for the department, and to present evidence and witnesses on your own behalf, as well as the right to testify on your own behalf if your California Defense Lawyer suggests.

Following the San Diego California DMV hearing, you have the right to be provided a decision in writing. Should the decision resulting from the hearing be against you, you have the right to request the department to conduct an administrative review of the decision, as well as the right to appeal the decision to superior court.

San Diego California DMV charges a $120 fee for a Departmental Review following an Administrative Per Se (APS) hearing pursuant to California Vehicle Code §§13353 and 13353.2. Questions regarding this should be directed to a California DUI / DMV Defense Attorney.

Requests for the administrative review or to appeal the decision in a California court must be made within a certain time period dependent on the type of hearing and as described in the Vehicle Code. These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision.