DMV HEARINGS
DMV HEARINGS: California state law and the Department of Motor Vehicles define driving as a privilege, not a right. Drivers license suspensions occur for a variety of reasons.
DRUNK DRIVING ARREST If arrested for a DUI, you have only 10 days to notify DMV that you are requesting an ADMIN PER SE HEARING. If a hearing is not requested within that time frame, your license will automatically be suspended on the 30th day past your arrest. The length of the suspension is determined by the number of prior DUI convictions. If successful at the DMV hearing, your driving privilege will not be interrupted. Driving on a suspended license stemming from a DUI arrest is a serious matter. First time offenders are required to spend a mandatory minimum of 10 days in jail and pay a high fine.
INFRACTION POINTS Too many tickets on your record can result in your license suspension. Even if you have too many points, you can still win at the DMV and save your license.
FAILURE TO APPEAR Failing to appear in court on a ticket, or to pay the fine on time, will result in an arrest warrant being issued. This can also result in your driving privilege being suspended. Having the court recall the warrant (and staying out of jail), are the first steps to restoring your driving privilege.
Recent Victory
People v. Timothy H. Freeway accident where defendant’s vehicle flipped upside down. Five passengers in vehicle. All pulled out by a good Samaritan. Police arrive on scene. Defendant admitted to driving and drinking. Arrested for DUI. DMV hearing resulted in license suspension. Trial verdict in court resulted in a not guilty verdict. DMV decision appealed. License suspension reversed and driving privilege restored.
People vs. Jasmine P. Defendant arrested for DUI and chose a breath test. DMV hearing testimony from the arresting officer revealed Title 17 administrative procedures were not followed. Breath test results ruled inadmissible. No suspension.
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