What is a San Diego DMV administrative hearing?
When San Diego California DMV orders an action against a person’s driving privilege, that person generally has the right to a hearing before DMV to contest the action and review the San Diego DMV evidence supporting it.
A San Diego DUI / San Diego drunk driving arrest usually triggers an administrative per se action, for example. A San Diego DUI Attorney usually handles the entire administrative process. A San Diego DUI Lawyer will prepare the case and attend the hearing.
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A person must request a San Diego DMV hearing within 10 days of receiving notice of the action against the driving privilege. The hearing proceedings are tape recorded on CD-roms and are conducted by telephone or in person at the San Diego DMV Office of Driver Safety, 9174 Sky Park Court, San Diego, CA.
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The San Diego DMV hearing is held before a Driver Safety Hearing Officer of the department.
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At the San Diego DMV hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.