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.
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.
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.
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.