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What happens if you win or lose a San Diego DUI DMV/APS Hearing?

by | Nov 19, 2013 | DUI Cases |

When Someone is arrested of a DUI in San Diego the police officer will take away someone’s drivers license and give them a pink paper that is a temporary license. This license is good for 30 days. At that point, the person has 10 days to contact the San Diego DMV and request a hearing to challenge whether or not the license will be suspended. If you do not call the San Diego DMV and set the hearing in 10 days right to challenge the suspension will be forfeited. If you do call within 10 days, your license remains valid until the decision of after the hearing (which can be months).

So, what happens if you win the San Diego APS DMV hearing?

If you win your San Diego APS DMV hearing…and the hearing officer sets aside the action…it means that your driving privilege will remain intact. It also means that this fact can be used to help obtain a better “deal” with the prosecution during San Diego DUI plea bargain negotiations. If the hearing revealed significant flaws in the state’s case, it may even convince the prosecutor to dismiss your San Diego DUI charges altogether.

But because the San Diego APS DMV hearing and San Diego DUI court process are nevertheless considered completely separate proceedings, a “win” at the San Diego APS DMV hearing does not automatically carry over to the court proceedings. For whatever reason, the prosecutor may still believe he/she has strong enough evidence to proceed to trial.

And if you are ultimately convicted of the offense in court, the judge retains the power to revoke or suspend your license. This is why it is critical to have a proactive San Diego DUI defense attorney who knows how to win cases at the san Diego DMV and in court.

What happens if I lost the San Diego APS DMV hearing?

Even if you lose your DMV hearing, your DUI attorney may nevertheless have elicited information during the proceeding that could still encourage the prosecutor to offer you a reduced plea.  Certain plea bargains or a win at trial could cause the DMV to set aside the suspension even after it went into effect.

But as far as your driving privilege is concerned, the suspension/revocation will go into effect.  The length and circumstances of the restriction will depend on whether it is your first, second or subsequent offense.  If you lose, you can request the DMV to conduct a Departmental review.

This takes the case up to Sacramento, where DMV officials review the hearing.  Here is some info on Departmental Reviews.

V C Section 14105.5 Department Review

Department Review

14105.5. (a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision.

(b) On receipt of a request for review, the department shall stay the action pending a decision on review, unless the hearing followed an action pursuant to Section 13353, 13353.2, or 13953. The review shall include an examination of the hearing report, documentary evidence, and findings. The hearing officer or hearing board conducting the original hearing may not participate in the review process.

© Following the review, a written notice of the department’s decision shall be mailed to the person involved. If the action has been stayed pending review, the department’s decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.

(d) The decision may be modified at any time after issuance to correct mistakes or clerical errors.

If the case warrants it, the individual can file a “writ” to the court for review.

There are a lot of options.  At times, we have used the process to allow someone to make necessary arrangements for when their license ultimately will become suspended.

It is also vital to remember APS hearings can be used to help your criminal case, which may assist in getting your license back.  Be proactive and ensure you use this process to the fullest when you have been arrested for a San Diego DUI.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.

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