Tuesday, December 8, 2009

California DMV / DMV suspension can be set aside or sustained. If the DMV suspension is sustained, the decision can be appealed

A California DMV Driver Safety Officer offers evidence in the form of documents and/or witnesses. DMV Hearing Officers offer the 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 DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the Superior court by filing a 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 DUI / DMV hearings and the absence of an independent DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not California DUI criminal proceedings, County public defenders are unavailable.



Your California DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the 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 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 DUI / DMV Attorney Specialist.



Looking for a Lawyer? On August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.