Monday, April 4, 2011

DMV Issues are whether there's probable cause to stop or contact you, and whether the San Diego Ca DUI breath/blood test evidence is inadmissible...

DMV lawyers must prevail on 1 of California's DMV issues to preserve your license.

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!

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.

As to the three issues at the San Diego DMV hearing if you completed a chemical test, please read reverse side of pink DMV paper.

To save your driver's license or California privileges, your San Diego DUI attorney has only 10 calendar days to contact DMV!



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.



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.



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 think you might be late, contact a San Diego DUI lawyer ASAP.



Do NOT schedule yourself. Why? 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 lawyer contacts DMV by the 10th day from your arrest.



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



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



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.



This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only 30 days after arrest.