Monday, January 17, 2011

A premier California DUI lawyer has only 10 calendar days to serve a DMV Hearing Request on a local DMV Office of Driver Safety to stop suspension

10. A premier California DUI lawyer has only 10 calendar days to serve a DMV Hearing Request on a local DMV Office of Driver Safety to stop the suspension of your license!



If you yourself contacted DMV to get a date and that date did not work for your California DUI lawyer, DMV will not change the date. What does that mean? Unfortunately your options may be limited in that you very well may not get the California DUI attorney of your choice. No hurry - just make sure your California DUI lawyer contacts DMV by the 10th day from your arrest.



9. 10 day time limit is calculated from the DUI arrest date or the issue date of that pink SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a California DUI lawyer.



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



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



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.



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 DMV hearing is determined.



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 California DUI 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 California DUI arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



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



Issues are whether the California DUI cop had probable cause to stop or contact you or whether the chemical test evidence can be attacked by your California DUI attorney.



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



1. All a California DMV attorney 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!







San Diego DUI Criminal Defense Attorney in California