Monday, March 28, 2011

Warning: do not confuse the "pink" 30 day TEMPORARY DRIVER LICENSE with your DUI court date, as DMV and criminal proceedings are separate

A number of lawyers understand the significance of what has to be done within 10 days of a DUI in California.

10. Regarding California privileges, a DUI attorney has only 10 calendar days to contact the Department of Morons & Villains (DMV).

9. This critical limit is figured from the Issue date of the SUSPENSION/REVOCATION ORDER.

If time soon expires, contact a DUI lawyer today.

8. This is also a TEMPORARY DRIVER LICENSE which is the pink California DMV paper served after arrest.

7. Regardless of whether or not you were served, California DMV will likely try to take action against your driving privileges.



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



5. Your pink TEMPORARY DRIVER LICENSE is valid for only thirty days.



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. Please 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.



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



Issues are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible, rebuttable, unreliable, inaccurate and/or untrustworthy.



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, you win!



1. All DMV attorneys have to do is successfully knock out just 1 of the DMV issues to keep you driving. You can also have your lawyer file a writ if no you do not prevail.

Pointer: If you yourself contact DMV to schedule a date which ends up conflicting with your San Diego DUI attorney's calendar, DMV will not reschedule and you may not get the San Diego DUI attorney which you may wish to select.