Tuesday, October 12, 2010

In light of the strangeness of a California DMV hearing & no protection from any independent California DUI judge for protection, do not do yourself

In light of the strangeness of a California DUI / DMV hearing and no protection from any independent California DUI judge to offer some protection, you are strongly advised not to try to represent yourself.

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.

California DUI criminal proceedings they are not so California County public defenders are unavailable.

A California DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Common California DMV proof problems create prospective grounds for avoiding an administrative suspension.

A California DMV hearing is 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.

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.

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." 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 so do NOT appear.

A California DMV / DMV suspension can be set aside or sustained. If the San Diego 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 San Diego DMV petition for a writ.

The California DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego 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.