Sunday, April 13, 2008

California DMV information - mini-trial after DUI

California DMV / DUI Hearing

California DUI / DMV hearings are for a possible license suspension and are like a mini-California DUI trial without a jury, but with much different California DMV rules, California DMV laws and California DMV procedures.

California DUI / DMV hearings are presided over by a 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 California DUI / DMV lawyer, and admit or not admit either party's evidence.

California's Driver Safety Offices offers evidence in the form of documents and/or witnesses. The California Driver Safety Officer offers the California drunk driving / DUI police report, DMV records, California DUI alcohol reports and the important California DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your California DUI / DMV attorney usually will 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.

The California DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A California DMV / DMV suspension can be set aside or sustained. If the California DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the California Superior court by filing a California DMV petition for writ of mandamus.

A California DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent 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 California DUI / DMV hearings and the absence of an independent California DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not California DUI criminal proceedings, California County public defenders are unavailable.

Your California DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the California DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.

If your California DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a California DUI / DMV Attorney Specialist.

Alternatively, if your request for an extension is denied by the California DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.

Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. A local California Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).

The California DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your California DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a California DMV hearing is provided and a California DMV decision is actually rendered.

Click on a California DUI - DMV Attorney who can help:

California DUI Lawyer

California DUI

California DUI Attorney

San Diego California DUI Help