Monday, March 7, 2011

Top 10 DMV Things to be Aware of, after a San Diego California DUI

10. Save your license by having your San Diego DUI attorney has only 10 calendar days to contact DMV!



9. Lawyers know the ten day time limit is figured by counting from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the pink DMV paper that the DUI cop was supposed to hand you..



7. California DMV will probably take action against your driving privileges even if cop forgot to give to you..



6. If you have a license from another state, and even if the San Diego 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 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. 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 preserve your license, to avoid a reissue fee, and/or to avoid an expensive SR-22 filing!



Caution: 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 of your choice. There is no hurry as long as your San Diego DUI attorney contacts DMV by the 10th day from your arrest.


If time is running out or you think you might be late, contact a San Diego DUI lawyer ASAP.