Among the objections which a San Diego DUI defense lawyer may make at a DMV administrative hearing include those mentioned by DMV in its Manual (as published in this new San Diego County DUI Law Center article by attorney Rick Mueller):
• California DMV Hearing officer is not a licensed lawyer or judge, is biased or should not be allowed to handle the APS hearing.
• Lack of foundation (or due to lack of probable cause), officer did not observe collision. (See DMV Manual, Section 12.067 Reasonable Cause To Believe The Person Was Driving A Motor Vehicleand §40300.5 VC that provides for an arrest without warrant.)
• Lack of foundation: DUI breath test results unreliable. Defense attorney points to evidence a test was not performed in compliance with California Code of Regulations (CCR), Title 17.
See how California DMV treats lawyers differently from persons who foolishly try to represent themselves, a dangerous practice in San Diego county.