San Diego California DMV defense attorneys knowledgeable of San Diego DUI hearings for an administrative per se license suspension action discuss the nuances and tricks of DMV rules & procedures.
Your San Diego DMV lawyer has just 10 CALENDAR DAYS after a DUI arrest to serve a request for hearing at the San Diego DMV Driver Safety Office. There is no right to a hearing once the 10 day deadline expires.
DMV actions are heard by Driver Safety Officers, not a real judge – an employee of the DMV not trained in law who acts as both prosecutor and judge. Unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage San Diego DUI lawyers, and admit or not admit key evidence.
Driver Safety Officers collect and mark evidence in the form of documents and/or witnesses. Driver Safety Officers offer 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.” Because there are no Fifth Amendment right at the hearing, San Diego DUI attorneys usually will not want the driver 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.
DMV’s decision will be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained (granted or denied).
Due to the strange 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.
The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego, California. DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego lawyer will request a Notice of Stay of the 30-day temporary license until a DMV hearing is provided and a San Diego DMV decision is mailed.