When a person has been charged and arrested for a Southern California Driving under the Influence charge they must appear before a criminal court Judge as well as a DMV hearing officer. The criminal court will determine if they are guilty of a DUI and will dismiss or sentence accordingly. The DMV hearing officer will hear the facts of the case and if found guilty will take actions against the person’s driver’s license.
Each person has the right to a criminal defense lawyer to represent them in both the criminal court proceedings and the DMV hearing. Hiring an attorney to represent the driver during the DMV hearing not only ensures that the person is properly prepared during the testimony, but also that their rights are protected. A powerful argument made during the DMV hearing can help prevent the California driver’s license suspension for an extensive amount of time, and in certain situations may allow them to retain the use of their license on a restricted basis.
During a DMV hearing the officer will present the arresting officer’s report and will give the person charged an opportunity to present their side of the case on the record. The driver has the burden of proving that they were not intoxicated while driving. They must prove their case through strategic testimony.
The careful preparation and practice testimony prepared by an experienced Los Angeles Criminal Defense lawyer will assure that the DMV hearing officer is aware of all issues pertaining to the case and that all facts are put on the record. These facts are brought out through testimony and the criminal defense attorney will help their client go through questions and issues prior to the hearing, as well as be present during the hearing to guide the questioning.
Oftentimes, the hearing officer must learn all sides of the case, and if a person does not have an attorney to represent them during the hearing, they will not know what to say and may make statements that could damage their case.
Recently we had a client who had a very difficult case. She believed that she had been drugged, was very scared and terrified about the whole ordeal. A DMV hearing was the last thing she needed to stress her out and remind her of the night she was traumatized by. With the guidance and help of our knowledgeable attorney, Ronald Hoffman, she was able to get through the DMV hearing.sThe DMV officer is trained to remain unsympathetic to emotional stories regardless of how difficult the situation is for the driver. Despite the sadness and tears our client had while answering the questions, she was able to persevere through the testimony with the attorney asking her questions and guiding her responses while sitting right there next to her.
When a person is already stressed out by appearing before a criminal court Judge, the added hassle of a DMV hearing may be more than they are able to deal with. There is a great benefit in having an experienced Los Angeles DUI attorney to help guide you through the testimony and ask questions that would normally be left up to the DMV hearing officer. Additionally, the lawyer can spend time with you beforehand preparing you for the questions that will be asked and the best way to phrase responses so that the DMV officer understand that you are not just another case number, but a person with a name and a side of the story that would not normally be heard.