CALIFORNIA DMV (Department of Motor Vehicles) HEARINGS
Our office can help to advise and represent you in DMV hearings. We have experience handling matters before the California DMV and bring a high level of skill and knowledge to these types of cases.
The Department of Motor Vehicles (DMV) is the state agency responsible for the licensing of drivers and vehicles in California. The DMV is also responsible for the enforcement of administrative regulations, and for conducting hearings related to suspension of driving privileges arising from those regulations, particularly hearings arising from arrests for drunk driving (DUI/DWI).
The DMV administrative hearing proceedings are significantly different than the courtroom proceedings in criminal matters. The hearings are more informal and are run by a Driver Safety Office (DSO) Hearing Officer. The DSO is an employee of the DMV and is not a lawyer, much less a judge.
The standard of proof in these hearings is a "preponderance" of the evidence, which is a much lower standard than held in criminal court. These hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced DUI lawyer is essential to present your best possible arguments.
There are several reasons why a DMV Hearing may be ordered, the most common include:
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Driver being stopped for driving with a blood alcohol level of 0.08 or above.
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Negligent operator hearing: Where the driver has accumulated 4 points or more against his/her record during a 12-month period.
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Medical Concerns: Where the DMV has been informed by a doctor or other qualified medical person that an individual is medically unfit to drive.
The result of your DMV hearing will usually not be made available for several days, or even weeks. If the hearing officer's decision is not in your favor, it can be appealed.
It is in your best interest to consult with an attorney prior to your DMV hearing. Contact our office now to discuss your case and let us help you reach the best resolution possible for your situation.
Jeffrey D. Stulberg • A Law Corporation
1042 Palm Street, Suite 204, San Luis Obispo, CA 93401
Ph: (805) 544-7693 • Fax: (805) 544-7006
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