Monday, November 28, 2011

To preserve your driving privilege in California, your lawyer is limited to just 10 calendar days to request a timely hearing at DMV so be Timely!

There are ten things to know what to do if you were a victim of a Thanksgiving Holiday DUI arrest in California. Learn how from this San Diego California DUI Attorney.

10. To preserve your driving privilege in California, your lawyer is limited to just 10 calendar days to request a timely hearing at DMV! The key is that your DUI lawyer must contact DMV by the 10th day from your arrest.

9. Ten days are added from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. Email your San Diego DUI Attorney ASAP to make sure you comply with this California DMV deadline.

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

7. If you did not receive this DMV paper, there's still a risk that California DMV will probably take action against your driving privileges.

6. If you have a license from another state, and even if the 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 thirty (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. This initial 30 day TEMPORARY DRIVER LICENSE is different from your court date! California DMV and DUI criminal proceedings are separate and independent. The officer or the DMV paper may confuse or mislead you. Do not just 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. Weeks or months pass before your DMV hearing takes place.

3. Three (3) issues exist at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Primary issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

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 win!

1. A California DMV attorney must prevail on one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!