DMV HEARING AFTER DUI

Restitution Hearing and Prosecution in California DUI Cases

November 7, 2017

RESTITUTION PAYMENT IN DUI CASES Any conviction for a DUI can result not only in payment of money to the courts in fines and costs, but it can also result in payment of money to “victims” as part of the compensation for any direct loss that they suffered. In California law, victims are defined broadly but in DUI cases it usually means those who got injured in DUI traffic accidents. If you are convicted of a DUI case you can be ordered to pay thousands of dollars to the victims of a DUI collision to compensate them for all of their expenses. The best way to protect yourself from paying large sums of money to the victims is to fight […]

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California DMV hearing: 10 Day Rule

February 3, 2017

In this article, DUI Defense Lawyer discusses California DMV hearing: 10 Day Rule. Introduction to the California Law In California, if you are arrested for a DUI, the arresting officer has to confiscate your California driver’s license and mail it to the DMV.  This “confiscation” starts 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.  If the police officer takes your “out-of-state” driver’s license, you can get it back at his station because California Police Officers are not authorized to mail out-of-state licenses to the DMV.   Even if you are a non-resident, the police officer who arrested you […]

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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 RULING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE DMV HEARINGS The DMV is the primary organization that is responsible for issuing Driver’s licenses to California Residents. Not only does the DMV issues driver’s licenses, but it also keeps driving records which include […]

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How To Win A DMV Hearing After a DUI Arrest

October 5, 2011

A person arrested for a DUI in Los Angeles or anywhere else in California has a right to a DMV hearing to show that the police stop or the arrest was not justified or that at the time of driving, the blood alcohol level was below .08% BAC.  The “at the time of driving” is the most important part because the alcohol breath or blood test is usually done hours after the hearing and thus, they can be very different from the blood alcohol level if it was measured at the time of driving.  Los Angeles DUI Attorney recommends that you contact a Los Angeles DUI lawyer to help you fight your DMV hearing or a DUI in Los Angeles.  […]

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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 has 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 can result in more jail time than the plea bargain deal 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 monitor bracelet, (5) install an ignition interlock device in his or her car (6) ordered not to consume any alcohol (7) ordered to drive only with a valid driver’s […]

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