How hard it is to get a continuance at the APS hearing.

March 5, 2012

After a Los Angeles DUI Arrest, the arresting officer will not only issue a citation to appear in the Superior Court but will also give the arrested person a temporary license (a pink two side document). That temporary driver’s license is a notice of a hearing that the DMV will have without you, unless you request a more formalized hearing at which you can present evidence and establish a defense. The right to request such a hearing expires 10 days after the date of the arrest and is usually enforced pretty strictly by the DMV.

Experienced Los Angeles DUI Lawyer will do it for you and will also schedule such a hearing with sufficient time to prepare a defense. If yo do request the hearing within 10 days of the arrest, the DMV will not schedule a hearing date until it receives the paperwork from the arresting officer. The hearing officer to whom the hearing is assigned has broad discretion to continue the hearing but sticks to DMV guideline to continue for two weeks. Hiring a counsel will usually allow the DMV to continue for a longer period, but it is not a guaranteed continuance. When the DMV denies a motion to continue, an alternative to a continuance is a request to reconvene. When a requesting the DMV to reconvene, often the DMV will start the hearing by opening with the DMV exhibits. After opening, the DMV will rest and if a request to reconvene is granted, a new date can be picked. It is not recommended to use this methodology to continue a hearing in pro per. Proper objections need to be raised prior to the introduction of any records by the DMV. Skilled Los Angeles DWI lawyers will know what objections to raise and to what documentary evidence. Without legal training and experience, the DMV will overrule the objection and move the documents into evidence. Although it is possible that the DMV will overrule the objection even to an attorney, experienced DUI attorney in Los Angeles will know how to preserve the appealable issue.

For more information about hiring DUI Attorneys in Los Angeles contact us through our website or toll free by calling the attorney directly.

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