DMV Administrative License Suspension/ Revocation Hearings
Based in San Jose California, the DMV Hearing Lawyers at Roberts | Elliott Law Corp. have been representing individuals in California Department of Motor Vehicle (DMV) hearings since 1981. The administrative DMV Hearings are conducted at the Department of Motor Vehicles driver safety offices throughout California. Our San Jose DMV Lawyers have successfully handled thousands of DMV hearings throughout California. We have an excellent reputation at the DMV, and they know how hard we fight for each and every client we represent.
When an individual is stopped and arrested for driving under the influence (DUI), their license is immediately taken by the officer (i.e., stop and snatch law). As a result, a DMV administrative license suspension proceeding is initiated pursuant to the “Admin Per Se Law”. The arrestee is given the temporary license (i.e., D.S 367/pink sheet), which advises that they have only Ten (10) days within which to request and Administrative DMV Hearing. The temporary license is valid for 30 days, but you must request a hearing within ten (10) days from the date of your arrest to fight the license suspension.
The Administrative Per Se (APS) Hearings are informal proceedings held at the DMV by hearing officers that have little legal training. An experienced DMV Lawyer will have far better success winning these hearings, by making the correct legal objections and arguements, as well as issuing subpoenas for witnesses, video and audio recordings and documents. As all administrative rules and evidence apply, this is a great opportunity to conduct Discovery and further investigate the facts of your Drunk Driving (DUI) case.
If a DMV Hearing is not requested within TEN (10) days from the date of arrest, the hearing is waived and the individual license is suspended for a period of, four (4) months on a first offense, and one (1) year on a second or subsequent offense. These administrative per se hearings are alcohol specific (i.e., they do not result in a suspension if drugs alone are found in the system).
If an individual “refuses” a chemical test, and they lose their DMV hearing, they will face a one (1) year suspension of their license on a first offense and two (2) years on a second offense.
There are many types of DMV Administrative Hearings including: Negligent Operator Hearings (i.e., suffering four (4) or more points in one year, 6 points in 2 years, or 8 points in three years). Medical Re-Examination Hearings for drivers suffering from medical conditions, such as loss of consciousness’ seizures and drug addiction. These hearings are set for individuals that have been involved in accidents, or are having a hard time driving safely on the highway. Financial Responsibilty Hearings deal with those who are involved in an accident and were not covered by insurance at that time. Lack of skill Hearings involve drivers who have been involved in accidents or cited for negligent or dangerous driving infraction. Fatality Hearings deal with indiviiduals who have been involved in serious automobile accidents which result in the death of another driver or pedestrian. An experienced DMV Lawyer from Roberts | Elliott Law Corp. can help win your DMV case and save your driving privilge.
Call us now for a Free consultation regarding your California DMV Hearing! (408-275-9800)
Experienced San Jose California DMV Hearing Attorney
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 (DUI). The administrative license suspension program known as “Admin Per Se” (APS) was implemented in 1990 as a stronger deterrent to drunk driving. In the majority of driving under the influence cases, the accused will face both criminal and Department of Motor Vehicle administrative 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 Calendar Day Rule within which a licensee arrested with a DUI must set a hearing with the DMV; failure to contact the DMV and request a hearing within ten calendar days from the date of your arrest will result in the denial of a hearing being granted. Our DMV attorneys can set these hearings, and if done timely will result in a “stay” of the license suspension. Exceptions to this rule include: if the officer failed to properly serve the suspension notice on the licensee or the DS- 367 notice was not filled out properly. If one of these exceptions apply to your case, our DMV experts may still be able to obtain a late hearing on your behalf.
The Department of Motor Vehicles hearing is held before a Department of Motor Vehicles employee or “hearing officer.” The issues of the hearing include:
– The officer had probable cause to believe that you were driving under the influence,
– You were lawfully stopped and lawfully arrested for driving under the influence,
– At the time of driving, you had a Blood Alcohol Level (BAC) of .08% or greater.
Refusal hearings require “probable cause” to stop the vehicle, a lawful arrest, and proof that you were advised of the consequences of refusing the chemical test, and you in fact refused to submit to the test. Refusal hearings carry much longer suspension periods then .08 BAC hearings and thus, it is not advisable to ever refuse a chemical test.
Strict rules of evidence are typically not followed by the DMV hearing officers at the hearing, but all evidentiary rules for Adminstrative Trials do apply. There is a process prior to hearing to discover and obtain all of the evidence the Department has in its possession. DMV administrative hearings are ordinarily conducted by telephone, but also may be set “In Person” if live testimony is needed. As with a criminal court case, the investigating police officer and witnesses may be subpoenaed to testify. Our experienced Santa Clara County DMV Lawyer, may also recomend issueing subpoenas for audio and video recordings of the stop, detention and arrest. Further, alcohol or drug experts may be retained and called to testify on behalf of the “Licensee” at the DMV hearing.
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.
DMV Administrative Writs and Appeals
You can appeal the DMV’s decision to Suspend your license, by requesting an initial administrative review within fourteen (14) days of recieving the DMV decision. If that review is upheld, you may then file a Writ of Mandate with the Superior Court, asking the Judget to set-aside the license suspension. Our San Jose DMV Writ Attorneys can prepare these filings for clients in the Superior Court. If we are successful, there is an immediate reinstatement or “Stay” of your driving privileges, for the duration of the civil writ proceedings.
Grounds for a DMV Writ or Appeal
Many reasons exist for filing an appeal or a writ. Any act of impropriety or mistake during any part of the process can provide a reason. This applies to both the court proceeding in which you were convicted and the Department of Motor Vehicle hearing that took away your driver’s license. Some examples include:
- Your previous attorney neglected an important opportunity that would have impacted the outcome of your case.
- Your sentence is beyond that which would typically be given for your situation.
- You feel there was an error made at your DMV hearing that resulted in driver’s license suspension or revocation
- You have discovered that your DUI arrest was unlawful.
- You feel that a mistake was made on the breath test, giving an incorrect BAC (blood alcohol content) reading
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 criminal Information page. We are here to help you.