Los Angeles DMV Hearing Lawyer
What does the DMV have to prove at the DMV hearing in Los Angeles to take your driver's license away? At the DMV hearing in a DUI case pending, the DMV hearing officer must prove that you were legally stopped (in other words the police must have probable cause to stop you), lawfully arrested (the police are going to have to claim you failed their tests to lawfully arrest you) and that your blood alcohol level was a .08 or greater or that you refused to take the test.
If all three of these things can be proved, then they will suspend your drivers license. The length of the suspension depends on your criminal record and a host of other factors. If, on the other hand, they can not prove one of the above then the suspension must be set aside. You will have ten days from the date of your DUI arrest to file a request as Administrative Per Se hearing.
- What Factors Does The California DMV Consider In Dealing With A DUI?
- What Is A DMV Hearing In A Van Nuys DUI Case?
- What Happens At The DMV Hearing In LA County?
- Should I Handle My DMV Hearing Myself if Arrested for a DUI in Los Angeles?
- How Do You Win Your DMV Hearing In Los Angeles Related To A DUI?
Understanding the DMV Hearing
Unfortunately the DMV hearing is not conducted like a court proceeding. There is no judge and no jury to argue your case to. The case is argued to a DMV hearing officer whose job it is to put on the evidence for the Department of Motor Vehicles, rule on objections and decide the case in the end (it's a bit of a Kangaroo Court).
The bottom line, related to DMV defense, is that you must have an angle to win. Not only that, your Los Angeles DMV hearing lawyer must have the skill and know how to ram the argument home with the bias hearing officer.
I have been fighting DMV hearings for the past twenty five years and can honestly say that you can not beat the DMV unless you have an angle (an argument that prevents then from proving what is necessary to take you license). And, that angle will have to be clear and basically prevent the hearing officer from proving what he or she must in order to suspend your license.
When I meet with clients regarding the DMV hearing and their drivers license, I am always straight forward and honest with them about their chances and whether I see an angle to win. Many other people advertising on the web are using sales people to try and rope in their cases.
The problem with this is that the sales people do not appear in court and they do not do battle with the DMV. They are simply following a script that does not know about your situation. You owe it to yourself to meet with a DUI attorney who has been around the block and will tell you the truth about your situation.
California Driver's License Suspension
The DMV keeps track of your points in the Negligent Operator Treatment System (NOTS). What is going to happen with my drivers license if I have a DUI case pending? The simple answer to this question is that the DMV is going to trying and take it away from you for a period of time.
Your best defense to this is to hire a seasoned DUI attorney that has handled many DUI cases and knows how to deal with the DMV. If the DMV is not contacted within 10 days, then even the best DUI defense lawyer will not be able to help you with the suspension.
Scheduling a DMV Hearing
Once the DMV is contacted, a hearing is set between them and your attorney. A stay is placed on any suspension that is suppose to go into effect on your drivers license and eventually a hearing date will be set. The DMV then has the responsibility of sending all of the relevant police reports and evidence to your Los Angeles DUI lawyer in order to prepare for the upcoming hearing.
At this point, you should set an appointment with a local DUI attorney and let them address all of your questions that are specific to your particular situation. Once you have been educated on how the system works, you can then begin the process of handling your DUI to a logical step by step successful conclusion.
A DUI charge consists of two main parts: the criminal court process and the DMV hearing. Our driving under the influence lawyers are here to handle both parts for you. We believe that the DMV hearing is just as important as the court proceedings and we are just as aggressive with the DMV as we are in the courtroom.
The 10 Day Rule
After being arrested for a DUI, you have 10 days to schedule a hearing with the DMV and failure to do so results in automatic license suspension. As your DUI lawyer, we will schedule your hearing, attend your hearing, and basically be by your side throughout the whole process. Do not waste any time and contact our drunk driving lawyers if you have been arrested for driving under the influence.
The DMV hearing has no effect on the outcome of your criminal case but the DMV hearing is what determines whether your license will be suspended or not. Our DUI lawyers prepare for your DMV hearing as if we were preparing for a trial. We put all our effort and ability to getting you the best possible results. Our objective is to prevent your license from getting suspended.
Next Step in Preparing Your Defense
If you have been arrested for driving under the influence, contact the Hedding Law Firm for a free consultation. Our DUI defense lawyers will thoroughly review all the specific details of your case in order to determine an effective strategy to defend you.