Your San Diego California DUI / DMV hearing for a possible license suspension is like a shorter trial without a jury, but with much different San Diego California DMV rules, San Diego California DMV laws and San Diego California DMV procedures.
Your San Diego California DUI / DMV hearing is presided over by a California Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego California DUI / DMV lawyer, and admit or not admit either party's evidence.
The San Diego California Driver Safety Officer offers evidence in the form of documents and/or witnesses. The California Driver Safety Officer offers the San Diego California drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the very important San Diego California DUI officer's sworn statement.
Your San Diego California DUI / DMV attorney will typically not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear as you have no fifth amendment rights.
Your San Diego California DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego California DMV / DMV suspension can be set aside or sustained. If the San Diego California DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento California and/or to the San Diego Superior court by filing a San Diego California DMV petition for writ of mandamus.
Your San Diego California DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego California DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego California DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego California Drunk Driving criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego California Drunk Driving / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego California DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up. So time is of the essence!
For more information or to contact a California Drunk Driving / DUI / DMV Attorney who can help: