Tuesday, July 5, 2011

Casey Anthony juries not available for Californa DMV actions after a DUI arrest in San Diego, attorneys distinguish

California DUI attorneys' defenses at an APS hearing are specialized and technical, more so than in DUI criminal court. There is no jury trial like Casey Anthony had.

Common DMV proof problems and procedural issues are ways to overturn a suspension.

Due to the unusual nature of DMV hearings and no independent DUI judge or law-abiding jury to offer some protection, folks simply should not to try to do it themselves.

And since DMV hearings are not DUI criminal proceedings, public defenders are unavailable.

A DMV lawyer in California, within 10 days of the DUI arrest, must contact the local DMV Driver Safety Office requesting a hearing, discovery, a stay and a new temporary.

One waives her or his right to a hearing after the 10 day deadline is up. No extensions.

Sometimes folks are running out of time. Or if you must contact DMV yourself, although not advised as they are not "on your side," get the name of the person you speak with.

Absolutely do not discuss with that person any reason why you are contesting the suspension. It's your right to have a hearing. There's plenty of other rights under the California Government Code and case law as well.

The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858 627-3901 or fax 858 627-3925). San Diego DMV will probably not be able to schedule a hearing before your 30-day temporary license expires. That's why your San Diego DUI / DMV attorney ordres a new temporary license until the outcome in a San Diego DMV hearing.