Los Angeles DUI Lawyer Blog
If you have been arrested for suspicion for driving under the influence, chances are you were also issued a notice to schedule a DMV hearing within ten days. This is a very important deadline and should not be missed. If you miss the deadline, you give up your right to a hearing regarding your driving privileges. Your license will automatically be suspended.
The DMV hearing is a separate case and hearing from the criminal case that will be heard in the criminal courts. It is an administrative hearing. The findings made in a criminal case will not have a bearing on the case before the DMV and vice versa.
This is very important because it implies that you must present strong arguments and cases for both the criminal court and DMV. It will not be shifted over from one case to another, and the ruling from one case will not impact the other.
For example, David was charged with Driving under the influence with a BAC of .01. David appeared as he was ordered to in the criminal court. Upon review of the facts and with the help of his Los Angeles DUI lawyer, David’s criminal case was dismissed and it was concluded that the prosecutor did not have enough evidence to build a case against David. At the same time David’s criminal case was initiated, a DMV hearing was also scheduled. However, just because David’s criminal case was dismissed, his DMV hearing was not. David attended his DMV hearing and it was determined that his license would be suspended for thirty days.
As the example illustrated, the DMV hearing is just as important as the criminal case. You have the right to have an attorney present at the hearing and in fact, it is highly recommended that you do.
You have the right to question the officer that arrested you, as well as present evidence. You can question the officer in regards to his police report, you can present your own testimony and documents that may create a hole in the officer’s statements, as well as the procedure the officer followed when he arrested you.
If you are facing DUI charges, and have a DMV hearing scheduled, do not make the mistake in believing that it is a simple appearance because it is not before a Judge. It is still just as crucial to your driving privileges as the criminal case, if not more. It is highly recommended that you have a knowledgeable and experienced Los Angeles DUI attorney to help prepare your argument, defense and case. You want the strongest possible chance at avoiding any suspension of your license.
Additionally, chances are you have never take testimony, and you do not know the proper procedures and legalities that an officer must follow to make an arrest lawful. If the arrest is unlawful, or within procedure, then the case may potentially be reduced or dismissed. Consult with a legal professional as soon as possible so that you may get an in depth analysis of the facts of your case.