Explaining a CA DMV Hearing
By Virginia L. Landry
Jan. 22, 2011 4:45p
After a California DUI arrest, you were most likely given a pink notice of suspension and temporary driver's license. This means the DMV intends to suspend your driver's license for anywhere from 4 months for a first offense with a blood alcohol concentration over 0.08% or greater to 3 years for a third or more offense. Addressing y our driving privileges is an entirely separate proceeding from criminal prosecution and it is referred to as a
DMV hearing.
The DMV hearing is an administrative proceeding that addresses the suspension or revocation of your driving privileges. It is your legal right to request such a hearing, for both the State and Federal Constitutions say that no person should have their property taken away, without due process of the law. In regards to your driving privileges, the law entitles you to a notice of the action, that the DMV intends to revoke or suspend your driving privileges and, that you have an opportunity to a DMV hearing. You have only 10 days to request a DMV hearing, if your hearing is not requested within 10 days; you will not be permitted to fight your license suspension or revocation.
How Can Hiring a DUI Attorney Help?
According to DMV statistics, 34% of people who received license suspensions for DUI at the time of their arrest were able to keep their license after attending a DMV hearing. Hiring an experienced Irvine DMV hearing attorney who is experienced in DMV hearings, will greatly increase the odds of you being able to keep your driver's license.
The DMV relies heavily on reports provided by the arresting officer and these documents are used as evidence while he is out in the field as opposed to present at your hearing. An experienced and knowledgeable DMV hearing lawyer knows where to look for mistakes or errors in the documents and how to question any BAC evidence.
If you or someone you love has been arrested for DUI in Irvine or the surrounding areas, a Irvine criminal lawyer from The Law Offices of Virginia L. Landry, can help. We have successfully helped our clients obtain a reduction in charges against them at their DMV hearings.
Contact a Irvine DMV Hearing Attorney at our firm today for a free consultation!
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