One of the first things San Diego DMV lawyers do is set up the administrative per se license suspension hearing.
Why? To avoid a suspension.
Very weird DMV rules, odd San Diego DUI – related laws and unique San Diego DMV procedures come into play.
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A San Diego DMV hearing is heard in front of a Driver Safety Officer.
No real judge. What? Seriously?
Nope. Silly but true. Just an employee of the DMV not trained in law who acts as both prosecutor and judge.
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Inherently unfair. Why? Well, he/she is not a judge.
But she or he objects to the driver’s evidence, rules on her or his own objections, engages San Diego DMV defense attorneys, then admits or not admits respective party’s evidence.
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Guess whose evidence usually wins out? Right.
Luckily, there is the Officer’s sworn statement called a “DS 367.” Attack. Attack. Deficient. Can you say defective?
Common San Diego DMV proof problems do exist.
There are ways to gain a set aside of DMV’s suspension.