DUI related DMV Hearing

You have come to the right place for a Los Angeles DMV Administrative Hearings Attorney

There are a variety of reasons why a person might be facing a DMV hearing in California. Also, there are different types of hearings in California depending on the underlying reason for the suspension that a person might be facing. Among the most common reasons are: 

      *    DUI/ Drunk driving allegations

      *    Multiple Serious traffic violations

      *    Numerous traffic tickets

      *    Speeding

      *    Reckless driving

      *    Car accidents

      *    Moving violations

      *    Elderly driver re-examination

      *    Medical problems

      *    Fatal accidents

 

ADMINISTRATIVE PER SE or Admin Per Se DMV Hearing is for DUI/Drink Driving charges.  Please note that this is an entirely SEPARATE proceeding from the criminal prosecution in Court. 

WARNING: When charged with a DUI, you must REQUEST A HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing.

If you were arrested for a DUI you should have been served with a pink notice of suspension and temporary driver's license (Form DS-367) at the time of your arrest or release from jail. You have only 10 days to request a hearing, or your license will be suspended for the appropriate suspension period. The DMV may suspend your driver's license for anywhere from 4 months (first offense with blood alcohol over 0.08%) to 3 years (third or more offense with chemical test refusal) as a result of your drunk driving arrest. If your license is suspended after a first-time DUI arrest, you will spend at least 30 days with no driver's license at all. After that, you can get a restricted license by paying a $125 fee to the DMV, filling out a form and showing proof that you have enrolled in an alcohol program. To avoid suspension you need a good DMV hearing lawyer on your side.

If the hearing is not requested within 10 days, you will likely never have a chance to fight it. Contrary to what it says on the DS-367 form, the DMV has to show that the suspension is justified and the DMV has the burden of proof.  Call our office and we will immediately schedule your DMV hearing for you, we will also make sure that your license remains valid pending the outcome of the hearing.

Although these hearings are administrative in nature and are generally handled by non attorney DMV hearing officers, they can be very complex and your chances of successfully arguing your case without a good understanding of the law is minimal. If you are within the 10 days from the date of your arrest but have not yet decided whom you want to retain to represent you, you should contact the DMV and request a hearing so that you do not forfeit your right to this hearing. Your DMV hearings attorney can take over the hearing and argue it for you once retained.

If you are charged with driving under the influence, there is no reason not to have this hearing because there is no down side, there is no adverse penalty for putting the DMV to the test and making the DMV prove that your suspension is justified. On the other hand, many times there are critical errors made on the police report or other documents as a result of which the DMV is unable to meet their burden. A skillful DMV hearings lawyer can increase your chances of winning the Admin Per Se hearing significantly.

NEGLIGENT OPERATOR HEARING is another type of DMV hearing in California which involves too many points on a person’s DMV record. These points can represent speeding tickets or other moving violations (usually 1 point), more serious offenses like driving under the influence and driving on a suspended license (2 points) or car accidents when you are at fault.

Accumulation of 4 or more points during a 12 month period on your driving record will cause the DMV to automatically issue a “notice of suspension” and cause your license to be suspended for 6 months or more. Accumulation of 6 or more points with 24 months and 8 or more points within 36 months will have the same effect.

Truck drivers generally are treated the same as Class “C” drivers in California, however, there are certain differences that can be argued at the Negligent Operator Hearing in favor of those who drive much more than the usual driver on an annual bases. Sometimes it is possible to convince the DMV to allow an extra 2 points for truck drivers facing suspension or revocation for too many points. Don’t put your career at risk. Contact our office to speak with a California DMV-Negligent Operator Hearings attorney now. 

LACK OF SKILLS HEARING is another type of DMV hearing in California which involves the inability of a person to operate a vehicle due to a variety of reasons including medical impairment. This can occur when the DMV is informed by a Doctor that a person is medically unfit to drive and might be in danger to him/ herself or others. 

In order to get your license back, you might need to have your physician or eye doctor re-evaluate you and have them complete the DMV’s Driver Medical Evaluation form or Report of Vision Examination form. It may also help if your doctor can submit a positive report at the hearing by writing a brief letter stating if they believe that you are presently qualified to drive and if any limitations should be placed upon your driving privilege.

A skillful DMV Hearings Lawyer can also get you a special instruction permit so that you may employ a private professional instructor prior to being re-tested, taking a defensive drivers course can also help.

Where will your DMV hearing be handled? There are 12 DMV Driver Safety Offices throughout the State of California: Irvine, El Segundo, San Bernardino, Van Nuys, City of Commerce, San Diego, Oxnard, Fresno, San Jose, San Francisco, Sacramento and Oakland.

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