Monday, November 7, 2011

California's outstanding lawyers spearheading DUI defense cases in San Diego relay important information affecting you within 10 days of drunk driving

California's outstanding lawyers spearheading DUI defense cases in San Diego relay important information affecting you within 10 days of a drunk driving contact:

10. To avoid loss of driver's license in California, a DUI lawyer enjoys no more than 10 calendar days to request a hearing, stay, new temporary, discovery and a fair hearing officer.

Common pitfall is that if you - rather than your attorney - contact DMV to schedule a date ultimately conflicting with your San Diego DUI lawyer's calendar, DMV will not automatically reschedule.

9. 10 days runs from the issue date of the not-so-pretty pink SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. Time is of the essence, meaning you should retain a San Diego DUI attorney without further delay.

8. Pink ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper usually received after jail.

7. California DMV will probably take action against your driving privileges even though you may not have received this important DMV paper.

6. If you have a license from a state other than California, even if the San Diego DUI officer did not take your license, your state may also take reciprocal action against your driving privileges under the Interstate Compact.

5. A TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for thirty days. Once a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended. That stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Of course, do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

That is because 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. 3 issues typically are litigated at the San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV paper.)

These are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is unreliable, untrustworthy or admissible.

2. California DMV has the burden of proof to prevail on all issues. If DMV meets the burden of proof on less than all issues, you win!

1. California DMV lawyers need to prevail on one of the DMV issues to preserve your license, to avoid a reissue fee, and/or to avoid an expensive SR-22 filing!