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Stages In A San Diego APS Hearing/DMV Hearings

STAGE 1: Request of an APS Hearing must be requested within 10 days of arrest

  • A call must be to the DMV and have the arrest information ready
  • Request a stay of the temporary license
  • Request discovery
  • Inform DMV whether hearing in person or over phone
  • Prepare subpoenas for the APS hearing. Serve the necessary subpoenas

STAGE 2: APS Hearing

  • Hearing is before a DMV hearing officer
  • Hearing Officer acts as judge and prosecutor
  • DMV has to establish
  • Did the officer have probable cause to stop the driver’s vehicle
  • Did the officer lawfully arrest the driver
  • Was the driver operating a motor vehicle with .08 or more by weight of alcohol in his/her blood

San Diego Superior Court

STAGE 1: Arraignment first court appearance

  • Enter a not guilty plea
  • Demand discovery
  • Set date for Readiness Conference
  • Fight off any additional sanctions prosecutors and judges want to give on some DUIs (even first-time DUI). This is key if you were in a collision or your BAC is over .15%
  • I, attorney Mark Deniz, can appear for you

STAGE 2: Readiness Conference

  • Conference usually two weeks after arraignment if there is no time waiver

STAGE 3: Motions hearings will be heard on motions filed

  • Argue Motion to Suppress
  • Argue Discovery Motions
  • Create Trial Strategy
  • Subpoena Witness
  • Prepare for Trial

STAGE 4: Jury Trial

  • Pretrial motions and hearings
  • Jury selection
  • Opening statements
  • Cross-examine prosecution witnesses
  • Mid-trial motions
  • Defense case
  • Closing arguments
  • Verdict (Not guilty)

I value your business and look forward to serving you with efficiency and discretion. Call me at 858-429-9982 as soon as possible to schedule a free case evaluation.