What You Might NOT Know About DMV Hearings
Tips From a DMV Attorney
Many people arrested for a DUI do not demand a DMV hearing in California within the required time limit and the result is that their driver’s license is suspended. Some people think that you have a choice between having a DMV hearing and having a Court hearing. In fact, you have both. You MUST request a DMV hearing within 10 days of arrest or your California Drivers license will be suspended.
The DMV has what is called the "burden" at the hearing. They must prove by a preponderance of the evidence that the answer to three specific questions is, “Yes.” The DMV Hearing Officer will attempt to enter the sworn statement of the arresting officer and other evidentiary documents into the record at the DMV hearing.
A fundamental step by a DUI/DMV defense attorney is to attempt to prevent the driver's license suspension by making formal legal objections to these documents from being admitted into evidence at the hearing. Many of these documents may be deemed to be legally inadmissible at your hearing if proper objections are raised. Having a lawyer at your side fighting to try to save your driving privilege is a very wise investment.
If you or a loved one is being charged with a DUI, you need an attorney who knows the law and who will fight for you in your criminal matter, but whom is also aware of the consequences that may arise in regards to your driving privilege. The experienced California DUI defense attorneys at Wallin & Klarich will fight on your behalf to work toward the best possible outcome in your case. Call us at 1-888-280-6839 and visit us at www.wklawdui.com for more information.
