Wednesday, May 7, 2008

DMV hearing by California DUI attorney after California DUI arrest

California DMV / DUI Hearing

California's DMV hearing for a possible license suspension is like a mini-California DUI trial without a California drunk driving jury, but with much different California DMV rules, California DMV laws and California DMV procedures.

California's 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 really trained in law but 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.

A California Driver Safety Officer offers California drunk driving evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego 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.

A 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 San Diego Superior court by filing a California DMV petition for writ of mandamus.

California DMV defense lawyers' 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.

Due to the strange 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 San Diego DUI criminal proceedings, California's public defenders are unavailable.

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

In the event 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 brief multi-day extension so you can get a California DUI / DMV Attorney Specialist.

Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension.

California's DMV may not be able to schedule a hearing before your 30-day temporary license expires. YourCalifornia 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 made.

Click to contact a California DMV Defense Lawyer or for more information:

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