Because the consequences of an unsuccessful California DMV hearing are so severe, it is important to aggressively fight the case with expert legal help. At the Law Offices of Mark Deniz, we focus on a DUI defense designed to reduce or eliminate the repercussions of both a drunk driving criminal court case and the California DMV hearing.
California DMV Hearing Procedure
One strategy is to argue that the documents cannot be entered into the record because certain facts related to their creation were not established, as required by the California Evidence Code. Also, if it can be proven that the officer made the arrest unlawfully, the arresting documents are hearsay and should not be allowed in. California criminal defense attorney with experience in DUI and DMV cases will argue that the reports should not be entered into the record.
DMV HEARING ISSUES FOR DUI CHARGES
The motorist has only 10 calendar days after the date of arrest to request a administrative per se hearing (APS) at the DMV. If the driver does not request a hearing, the Department of Motor Vehicles will automatically suspend driver’s license.
CONSEQUENCE FOR DUI REFUSALS
Refusals can be severely punished by the California DMV, but the action can be successfully challenged.
California Highway Patrol Changes Video Procedures
CHP Officers testimony/reports do not always match up with the video. These guidelines should help establish standardized policies and procedures.
Proactive Defense
Too often, San Diego Defense Attorneys are REACTIVE, waiting to see what type of offer the prosecutor will make before advising their client accordingly. This will drag out the case unnecessarily. Attorneys use this philosophy because this prolongs the action to ensure they get paid in full. This approach does not benefit the individual facing criminal charges.
