Saturday, July 18, 2009

Why you do not have to appear at your DMV hearing after a California DUI arrest

Why it is not a good idea for you to be present at the California DMV Hearing

The California Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the California drunk driving / DUI police report, DMV records, California DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." The legal and factual issues at a hearing are limited.

Check out this video to see what can be done after your DUI arrest in California.

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.

I usually do not not win California cases by having my client present at the DMV hearing. But I know California dui attorneys who I have subsequently lectured that had previously lost cases because their client was called as a witness, at which point DMV was able to cure defects through the testimony of the client.

California DMV may want you there in case DMV feels it needs to cure technical defects through your testimony; then they just call you as a witness and you have to testify because you are there.

A California DUI lawyer's defenses at an California 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 California suspension.

Upon review and analysis of the evidence (DS 367 - sworn officer's statement, police report, test results, lab records, complaint, driving record, etc.), I can determine what our best strategy or tactic is. One is obviously a function of the other.

I can assure you that if anything can be done on your case, I can do it, and without you being there in person. Fill out the free Evaluation form to see how.