DMV Hearing

San Jose California DMV Hearing Lawyer

DUI Drivers License Suspension - Revocation Hearing

Phone: 1-408-275-9800

Based in San Jose, California, the DMV hearing lawyers at Roberts & Elliott have been representing individuals throughout Santa Clara County and surrounding areas in California Department of Motor Vehicle (DMV) hearings since 1981. The hearings are conducted at the DMV offices throughout the Bay Area.

Our DMV hearing defense lawyers have the experience and resources to represent you in license revocation hearings based on charges of driving under the influence of alcohol (drunk driving). For more detailed information about why you should retain us, please visit our About Us page.

Experienced San Jose California DMV Hearing Lawyer

Driving a motor vehicle in California is regulated under the California Vehicle Code. The authority to issue, suspend or revoke driver's licenses is vested in the Department of Motor Vehicles. The courts have no independent authority to regulate licenses, but may act where authority is provided under the Vehicle Code.

The Department of Motor Vehicles is authorized to hold hearings and suspend licenses for driving under the influence. In the vast majority of driving under the influence cases, the accused will face both criminal and Department of Motor Vehicle proceedings. Ordinarily, it is incumbent on the accused to timely request a hearing after arrest. Failure to timely request a hearing will result in a loss of the license for the proscribed period.

There is a Ten Day Rule within which a licensee arrested with a DUI must set a hearing with the DMV; failure to meet the Ten Day Rule means no hearing, no exceptions, unless the officer failed to properly serve the suspension notice or it is not filled out correctly: No Hearings After the Ten Day Period. In no event may a hearing be requested after 30 days of arrest.

The Department of Motor Vehicles hearing is held before a Department of Motor Vehicles employee or "hearing officer." Strict rules of evidence are not followed at the hearing, by many rules do apply. There is a process prior to hearing to discover the evidence the Department has in its possession. Hearings are ordinarily conducted by telephone. As with a court case, witnesses may be subpoenaed to testify.

The hearings are conducted at the Department of Motor Vehicles driver safety offices located around the Bay Area in San Jose, San Francisco, and Oakland. Hearings are by phone or, if set in San Jose/Santa Clara County, then we almost always set "in person hearings"; otherwise, the hearing may be set with the Oakland or Sacramento offices.

Defenses exist to DUI related suspension proceedings. You must be proved to have driven under the influence or improperly refused a BAC test, and have been lawfully arrested. You have no public record of a DUI related suspension until and unless you lose the hearing.

DMV Appeals / Writs

You can appeal the DMV's decision by requesting an administrative review within 14 days of the decision of by filing a writ of mandate with the Superior Court. We regularly make these filings for clients. If we are successful, there is an immediate reinstatement of your driving privileges for the duration of the proceeding.

Contact Our San Jose California DMV Hearing Lawyer

We want you to feel confident you hired the right lawyer to represent you and answer your questions about California DUI laws and the DMV hearing process. For that reason, we invite you to schedule a free confidential consultation with our experienced DMV hearing lawyer by calling us at 408-275-9800, e-mailing us, or filling out our intake form on our Contact Us page.

You can also obtain some general information about criminal law, including the DMV hearing, by visiting our FREE Criminal Information Hotline page. We are here to help you.

To learn more about our DUI practice, go to www.duinet.com.

Zealously Protecting Your Rights Since 1981

Roberts & Elliott
Attorneys at Law
Map & Directions

Phone: (408) 275-9800
E-mail

Our criminal defense attorneys at Roberts & Elliott defend clients throughout California's South Bay area and Silicon Valley, including the cities of San Jose, Fremont, Oakland, Hayward, San Mateo, Redwood City, San Francisco, Santa Clara, Campbell, Cupertino, Sunnyvale, Mountain View, Los Gatos, Gilroy, Morgan Hill, Milpitas, Palo Alto, Pleasanton, Livermore, and Hollister charged with a crime. Our experienced criminal defense lawyers also defend clients throughout the following California counties charged with a criminal offense: Contra Costa County, Alameda County, San Francisco County, San Mateo County, Monterrey County, San Benito County, Santa Cruz County, and Santa Clara County. Whether you need a San Jose criminal defense lawyer or a California DUI attorney, we can help.