Lawyers help drivers all day long with the DMV portio of their DUI case in San Diego. So what does it all entail? Here’s groundwork on what you must make sure to do in ten calendar days.
10. To stop suspension of your driving privileges, San Diego DUI lawyer have just ten days to serve a Request for Hearing on the DMV!
Kindly do NOT schedule without a lawyer.
Why NOT? Well,if you call DMV to schedule a date which ends up conflicting with your San Diego DUI attorney’s calendar, DMV will not reschedule and you may not get the San Diego DUI lawyer who can really help.
No rush. Just make sure the San Diego DUI lawyer serves DMV by the 10th day from your arrest.
9. The ten day limit is calculated from the date of the pink SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If in doubt, contact a San Diego DUI lawyer ASAP.
8. An ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Don’t trust the cop. Iff you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even if you have a license from another state, and even if the San Diego DUI officer did not take your license, that state may also take action against your driving privileges.
5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only 30 days from the issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
4. Please do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!
The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good “until the court date”. If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
3. There are three (3) issues at the San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV paper.)
Issues are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible, rebuttable, unreliable, inaccurate and/or untrustworthy.
2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
1. All DMV attorneys have to do is successfully knock out just 1 of the DMV issues to preserve your license, to avoid a reissue fee, and/or to avoid an expensive SR-22 filing!