Tuesday, May 29, 2012

"Time" of Driving / Arrest-Detention / Test Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings

Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings, if:

1) DMV cannot establish Time of Driving.

2) DMV cannot establish a Chemical Test within 3 Hours of Driving.

3) DMV cannot establish Driving.

4) DMV cannot establish Time of Lawful Arrest/Detention.

5) DMV cannot show sufficient Probable Cause.



California DMV has provided its hearing officers with a training manual as to establishing time frames. The verbatim contents of Time of Driving, Time of Detention, Time of Arrest and Time of Test are set forth in this new San Diego County DUI Law Center article by lawyer Rick Mueller.

If DMV cannot establish proper times, they are directed to subpoena the Drunk Driving Arresting Officer. Otherwise, they must take no action against the accused driver (respondent).