A DMV hearing is decided by a state DMV hearing officer (HO), not a lawyer, JD or judge, an employee of the DMV not trained or licensed in law who acts as both prosecutor and judge. Ouch.
Unfair as it is, the HO objects to evidence, rules re: own objection(s), battles San Diego DUI attorneys, and rejects or admits each side’s evidence.
Your San Diego DUI lawyers’ defenses at the hearing are different from DUI criminal court.
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Peculiar San Diego DMV issues and legal cases provide bases for not affirming the suspension.
Your San Diego DUI lawyer only has ten days upon DUI arrest to serve the San Diego DMV Driver Safety Office your request for a hearing.
You waive your right to a hearing after the 10 day deadline is up.
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