If you have been arrested for a DUI, you must request a DMV hearing within 10 days of the arrest. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.
The DMV proceeding is very different from the criminal courtroom proceeding. These hearings are much more informal, and they are run by a Driver Safety Office (DSO) Hearing Officer, who is an employee of the Department of Motor Vehicles (this hearing is not run by a lawyer or a judge). The standard of proof in DMV hearings is a "preponderance" of the evidence, which is a much lower standard than what is used in criminal court.
DMV hearings can be very technical, and the chances of a person winning without legal help are very low. Unfortunately, the DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school. Additionally, the DMV will sometimes discourage individuals from seeking a hearing, telling them that they "can't win". The documentation that is given to a person who is arrested for DUI can be confusing, and it does not clearly explain that a hearing must be requested in a very short period of time. Contrary to what it says on the form, you do not have to show that the suspension is not justified - rather, the DMV must show that the suspension is justified. According to the DMV's statistics for a recent year, 34% of all people who were suspended for DUI at the time of their arrest kept their driver's license by simply requesting a hearing to fight the suspension.
Stephen G. Rodriguez is an experienced Los Angeles Drunk Driving Attorney. If you have been charged with Drunk Driving in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.
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1 comment:
I think most of the accident has been happened due to rough driving and high speed by drunk driver. The information shared by you is good.
DUI Lawyer Sherman Oaks
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