The DMV license hearing in San Diego should not be encountered without first reading this San Diego DUI attorney Rick Mueller article showing the exact language of California’s DMV’s Manual which teaches a Hearing Officer what to do: how to ask witnesses questions, precisely which questions they ask, attorneys’ examination, how to go after a licensee’s expert, and here’s how DMV suggests to attack a driver who exercises his or her right not to testify:
“If the driver declines to testify, or is advised not to by their attorney, advise the driver that it will be your duty to make findings “based on the documents and testimony (if any) which are in evidence”. Reference should also be made to §11513(b) of the Government Code, which permits calling and examining the respondent as if under cross-examination, even though there has been no testimony on their behalf.
Without any Fifth Amendment constitutional right at an APS hearing, your San Diego DMV lawyer more often than not will NOT have the accused or driver appear at the hearing since otherwise the DMV Hearing Officer may call the accused or driver as a witness and force him or her to testify against hiself or herself if ill-advisedly appear at the hearing. A San Diego DMV defense attorney usually focuses on the deficiencies of DMV’s own evidence or lack of evidence.
The accused’s or driver’s appearance or presence can easily interfere with this well-reasoned approach.