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Stay on the road and keep driving after someone is arrested for a San Diego DUI driving under the influence matter. Award winning prosecutor and former prosecutor explains VC 23152 Restricted provisional license

by | Dec 18, 2022 | DUI |

I was speaking with my colleague Eve Maestre.  She encouraged me to write something about DMV APS hearings.  Instead, I thought I would write about how someone can keep driving and stay on the road after you have been arrested on a San Diego DUI driving under the influence.  A DUI case usually triggers an action by the Department of Motor Vehicles (DMV).  When you are being arrested for DUI, in most cases, your license is taken away from you by the police.  As the police officer is taking away your driver’s license, they hand you a pink slip.  In very small words at the bottom of the page, it states, “You have 10 days to notify the DMV or your license will automatically be suspended.”  A lot of people don’t see the fine print and their licenses get suspended.  The DMV and the court can both suspend your license.  You have to make it through both to not have your license suspended.  If there is a suspension, most people need a restricted license to continue going to work.  For many people, the ability to drive is an important part of their daily lives.  If you find yourself facing a DUI, contact the Law Offices of Mark Deniz at (858) 751-4384.

The driver has 10 days to request a DMV hearing.  In 99% of cases, you want to request a DMV hearing as soon as possible to challenge the DMV because that is your first step in a thorough DUI examination.  Ideally, you want the DMV and court proceedings to be in sync.

The DMV hearing can help a DUI case by being proactive because you will get police reports, test results, and videos before someone goes to court.  I was shocked to find out how few DUI defense attorneys use administrative hearings to their advantage. Once someone challenges the DMV, it gives them the power to subpoena evidence.

A proactive defense can subpoena all the videos, chemical test results, police reports, and any witnesses if needed. All of this can be done on the DMV side, so when the case makes it to court, the evidence has been examined already and the defense can ready to present the findings of a thorough DUI examination along with character evidence of the accused.  Judges and prosecutors oftentimes will reward attorneys who bring the issues to the prosecution at an early stage.  All of these actions are how to build a defense to obtain the best possible outcome. If you find yourself facing a DUI, contact the Law Offices of Mark Deniz at (858) 751-4384.

Does the Administrative Hearing Have an Impact On My Criminal Case And Vice Versa?

The DMV case definitely has an impact on your criminal case, as you can use it to get early access to videos, police reports, witness testimony, and other evidence.  It is very effective in identifing the issues in a DUI case.  Our office can subpoena the officers to testify and we might learn what they will say at the hearing is not what happened in the police report or on the videos.  Or, the officer claims that they administered the sobriety tests and investigation correctly, when video evidence shows that they did not.  It is ideal to lock in the officer’s testimony as early as possible.

Does Someone Need an Attorney for The DMV Hearing?

Anyone may set or schedule their own DMV hearing.  However, they often will not subpoena any evidence.  The DMV may provide some evidence, but you won’t know what you are looking at or how to properly examine the evidence. An un-trained eye cannot identify an error in the stopping sequence or if the police are administering the tests properly.  Unless you have professional training and legal experience in DUIs, you won’t know how to use the DMV hearing to your advantage.  If you find yourself facing a DUI, contact the Law Offices of Mark Deniz at (858) 751-4384.

If someone wants to come in to the DMV and court with a defeatist attitude, ready to take a harsh punishment, then there is no need to hire an attorney.  If you are worried about losing time in your busy life, or care about your future, you will want a proven and experienced attorney to defend your case.

Finding errors in the case can make all the difference in the outcome.   The best result can be a dismissal of the charges.  More frequently, however, it could be time that is spent at the DMV and taking time off work.  It could be shaving months off a DUI program – all because the DUI was examined properly.  Anyone who cares about what their criminal record looks like and values their time needs to look into hiring an attorney to get the best possible outcome.If you find yourself facing a DUI, contact the Law Offices of Mark Deniz at (858) 751-4384.

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Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with 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, 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 at (858) 751-4384.

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