Monday, August 15, 2011

Issues are whether the California DUI officer had probable cause to you, whether the San Diego DUI evidence is admissible....

There are important things to do after a drunk driving arrest. Two things must be done at California DMV, one of them by your lawyer within a certain time period.

10. To stop a California DMV suspension, a DUI attorney has only 10 calendar days to request a hearing.
Never schedule yourself. Why not? Well, if you contact DMV yourself to schedule a date that ultimately conflicts with your San Diego DUI attorney's calendar, DMV will not reschedule. So you may not get the San Diego DUI lawyer you really want. There is no hurry as long as your DUI attorney contacts DMV by the 10th day from your California drunk driving arrest.


9. Ten days is starts from the day after the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE.

If you are close, contact a San Diego DUI lawyer ASAP.

8. DMV's ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California pink paper you received after the drunk driving arrest.
7. Regardless if the cop gave you this DMV paper, the California DMV still routinely takes action against your license.
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. A TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only 30 days from the issue date.

Once the 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. Whatever you do, 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's usually 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 California DUI officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is sufficient, competent, admissible and reliable or NOT. There are also numerous subissues.

2. California 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 prevail.
1. CA DMV attorneys have to do is successfully knock out just 1 of the DMV issues to preserve your license, to avoid a reissue fee, & / or not pay for an Insurance Company's SR-22 filing!



http://www.youtube.com/watch?v=clR4URQL4nI">California Seminar Video of San Diego DUI Defense Lawyer