The DMV Hearing process was established to get drunk drivers off of the road quickly. Started in 1990 by a California legislative mandate, the “Administrative Per Se” process is a civil administrative process that has some very important differences between it and criminal court.
The differences between a DMV Hearing and a Court Hearing
-No Right to a Jury
-Limited Subpoena power
-Limited Evidence Rules (Like limited Hearsay Objections, limited Foundational Requirements, Limited Scope of Inquiry)
-Right to Jury
-Expanded Subpoena Power
-Full Evidence Code/Procedural Safeguards to ensure accurate, only reliable evidence is used
Understanding the differences between the court process and the DMV APS process is the first step in successfully defending a DUI at the DMV.
After a DUI arrest, a driver has only 10 days to contact DMV in order to reqeust a hearing on the matter. If the driver fails to contact DMV (or fails to hire a lawyer and have the lawyer contact DMV) the DMV will automatically suspend that person’s license. Make sure you don’t let your licese get automatically suspended, call a DUI lawyer and fight back in your DUI case.
First steps a DUI lawyer takes in fighting the DMV.
A DUI lawyer will contact the DMV and make sure a hearing for your case is scheduled. This is an important first step to preserve your drivers license. The DUI lawyer will call the nearby DSO (Driver Safety Office) and make sure the appointment is set up.
Then, the DUI lawyer will collect evidence for your case. This includes witness reports, police reports, evidence of blood or breath tests, any traffic tickets associated with your case and other information like this to make sure you get your chance to win the DMV hearing.
What the DUI lawyer does with this evidence.
Using the evidence gathered, the DUI lawyer can apply a defense that works in cases like yours. Most cases involve common DUI defense strategies, or theories that can be applied to the present case.
Common winning strategeies include:
-Lack of probable cause for the initial police stop.
-Lack of proper admonitons or warnings by police to the driver.
-Improper or flawed police field sobriety tests procedures.
-Improper or flawed medical evidence collection.
-Improperly filled out or incomplete DMV paperwork, including the DS367 form.
Armed with these common strategies, a DUI lawyer will chose the best one depending upon your case. A winning DMV strategy is one that most closely matches the facts in your case.
Call 213-400-0358 to speak with a DMV lawyer who fights for DUI drivers to make sure their rights are protected.