Monday, October 25, 2010

Top 10 things a California DUI defense attorney should tell you about the DMV process

Top 10 things a California DUI defense attorney should tell you about the DMV process:

1. All a California DUI / DMV lawyer has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!






2. The DMV has the burden of proof to prevail on all three (3) California DUI issues. If DMV meets the burden of proof on two (2) issues, you win!



3. There are three (3) issues at the hearing if you completed a California DUI chemical test. (See reverse side of DMV paper.)



California DUI considerations include if the California drunk driving officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.



4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.



If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your California DUI / DMV hearing is determined.



6. Even if you have a license from another state, and even if the California DUI officer did not take your license, that state may also take action against your driving privileges.



7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.



9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a California DUI defense lawyer.



10. If you need to save your driver's license or privileges, your California DUIattorney has only ten (10) calendar days to contact DMV!


Do not schedule yourself. If you contact DMV to schedule a date conflicting with your California DUI attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your California DUI lawyer contacts DMV by the 10th day from your California DUI arrest.