If you have not yet found a San Diego DUI / DMV attorney within 10 days of the arrest, you need to stop what you are doing now and retain a San Diego DUI / DMV Attorney Specialist asap.
A San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to serve upon our San Diego DMV Driver Safety Office to timely demand a hearing.
One waives his or her right to a hearing after the 10 day deadline is up.
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
A HO or San Diego Driver Safety Officer collects, marks and enters evidence in the form of documents and/or San Diego DUI witnesses.
The Hearing Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer’s sworn statement entitled a “DS 367.”
Since there’s no 5th Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
A San Diego DUI lawyer’s defenses at an APS hearing are specialized and technical, more so than in criminal court.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).
Looking for a Lawyer? Rick lectured at the
Annual DUI Seminar
in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
A Day in the Desert with the DUI Experts – Annual DUI seminar
. The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller’s presentation and materials were excellent.