Tuesday, March 30, 2010

California DUI criminal defense attorneys are immediately contacted upon a DUI arrest to avoid a license suspension

California DUI criminal defense attorneys are immediately contacted upon a DUI arrest to avoid a license suspension. This administrative hearing is essentially similar to a mini-DUI trial without a jury, but with much different California DMV rules and procedures. In San Diego, the DMV hearing is handled by an employee who is not formally trained in law who acts as both prosecutor and judge; that person is not a lawyer. As unfair as it is, she or he can legally object to your evidence and rule on her or his own objection. California DMV first offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367."

DUI defense lawyers' defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension. In light of the odd nature of San Diego 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 DUI criminal proceedings, San Diego County public defenders are unavailable.




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

Attorney hunt? 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

.