DMV HEARING AFTER DUI

California DMV hearing: 10 Day Rule

February 3, 2017

In this article, DUI Defense Lawyer discusses California DMV hearing: 10 Day Rule. Click on the links below to go directly to your topic of interest. Introduction to the California Law What is “10 Day Rule” after DUI Arrest? What to ask the DMV after DUI Arrest? What would happen if I ignore “10 Day rule”? Introduction to the California Law In California, if you are arrested for a DUI, the arresting officer may confiscate your driver’s license and start the suspension process. If you are holding a driver’s license from another state and are a non-resident of California, a police officer does not have “jurisdiction” over your driver’s license and can not confiscate it. Yet, even if you are a non-resident, the police officer can […]

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CALIFORNIA DUI LICENSE REVOCATION AND ITS CONSEQUENCES

March 3, 2016

In California, a driver’s license can be lost through one of three ways, a cancellation, a suspension, and a revocation.  While, the license can be revoked for few reasons, a DUI license revocation is a consequences of some DUI arrests in California and specifically Los Angeles DUI.  DUI license revocation does not happen in every case because many DUI arrest only result in suspension. DUI License Suspension will allow you to get your license back after a period of time, whereas for a revocation, you will need to reapply for the driver license after the period of revocation. A DUI license revocation is imposed for a minimum of 2 years. One of the harshest consequence for a driver’s license is […]

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California DMV Hearings and Appeals: Procedure and Process

January 7, 2016

In this article Los Angeles DUI Defense Lawyer discusses DMV Hearing Appeal.  Click on the links below to go directly to your topic of interest. DMV HEARINGS APS DMV HEARINGS HOW TO WIN A DMV HEARING HOW CAN EXPERT TESTIMONY HELP DURING AN APS HEARING DMV PROCEDURE AFTER DUI ARREST NEGLIGENT OPERATOR DMV HEARING APS DUI DMV HEARING APPEAL ADMINISTRATIVE REVIEW OF DMV DECISION APPEAL OF DMV RULLING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE   DMV HEARINGS The DMV is in charge of driver’s licenses for all California Residents.  DMV issues driver’s licenses and keeps DMV driving record which include accidents, failure to appear in court, point counts […]

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How Can I win a DMV hearing after a DUI in Los Angeles

October 5, 2011

A very common way to undermine a DMV case is to attack admissibility of a breath result based on failure to comply with foundational requirement (People v. Adams 59 Cal App 3d 559). Eventhough Adams lost the appeal and his license was suspended or revoked after the court of appeals upheld the lower court decision, the court of appeals reiterated foundational requirements that (1) the particular apparatus utilized was in proper working order, (2) the test used was properly administered, and (3) the operator was competent and qualified. If there is no compliance with Adams foundational requirements (such as – the observational period is less then 15 minutes) or the operator is not qualified to operate this particular machine, the […]

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Requesting a Continuance from the DMV at an APS hearing after a DUI arrest in Los Angeles

June 27, 2011

SUMMARY: Once an APS hearing is scheduled, a Los Angeles DMV hearing officer is appointed and all decisions about continuances are up to him or her. A request for a continuance have to be put in writing and faxed to the DMV as soon as a reason for the continuance is learned. For example, if a necessary witness is not available to testify for the hearing, a request to continue the hearing should be faxed to the hearing officer stating that (1) a necessary witness is not available on the day of the hearing and (2) the respondent only learned about the unavailability recently. THE LAW: The APS hearings are authorized and governed by Vehicle Code Sections 13558 and 14100-14111. […]

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What are my rights at a probation revocation hearing?

May 22, 2011

Often, violation of probations carries more exposure then the plea bargain itself. Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation. So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to (1) do some jail, (2) do some community service, (3) do an alcohol education program and an alcohol deterrence class, (4) wear an alcohol detection bracelet, (5) install an ignition interlock (6) ordered not to drink or not to drink with any measurable amount of alcohol, (7) ordered to drive only with a valid driver license and […]

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