Tuesday, January 18, 2011

Instead of a true California judge who went to law school and was once an attorney, a DUI driver gets his or her hearing presided by a State employee

Instead of a true California judge who went to law school and was once an attorney, a DUI driver gets his or her hearing presided by a State employee of the DMV. That's right, every month, California writes this person a check for suspending licenses. Sacramento mandates certain state-authorized approaches to suspend. Fair?

Unfairly, the DMV hearing officer objects to your evidence, rules on her or his own objection, usually ignores the contentions of one's San Diego DUI / DMV lawyer, and admit or not admit either party's evidence, almost always admitting DMV's evidence. Hmmm.

The actual evidence comes in as documents and witnesses. One often sees the drunk driving police report, DMV records, California DUI laboratory alcohol reports and the critical, multi-faced officer's sworn statement entitled a "DS 367."