Wednesday, November 16, 2011

So "that's what a California DMV hearing is all about" after a DUI arrest - attorneys explain, lawyers show how to fight drunk driving mess

Wednesday's mid-week tip

California Lawyers challenging DMV's suspension process begin timely and on the right note. First there must be a request for an APS hearing. It's important to be experienced in these forums as DMV's rules, DMV laws and DMV procedures are different than anything most attorneys deal with on a regular basis.

A DMV hearing is presided over by a DMV hearing officer but not a real judge - a state governmental employee of the DMV not trained in law who acts as both prosecutor and judge.

Unfair as it is, she or he can legally object to your evidence, give it whatever weight he or she wants to, rule on her or his own objection, dually engage DUI lawyers, and admit or not admit either party's evidence.



In San Diego County, the Driver Safety Officer begins with presentation of evidence in the form of documents and/or witnesses.

A Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important California DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, DUI lawyers usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.




A DUI lawyers' defenses at an APS hearing are versatile and technical. Common San Diego DUI / DMV proof issues provide bases for stopping a possible suspension.




Because of the odd nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defender attorneys are unavailable.




California DMV attorneys has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.









California DUI Attorneys should start here:

San Diego DUI Lawyers