“What the heck is that DMV hearing?” Why is there a DMV hearing after a DUI arrest? (attorneys in San Diego are often asked) Not a Casey Anthony juryrick
California Lawyers vigorously defending a San Diego DMV hearing for a possible driving privilege revocation or license suspension action try to explain that it is kind of like a mini-DUI trial but without a jury like Casey Anthony had.
Weird San Diego DMV rules, bizarre San Diego DMV laws and odd San Diego DMV procedures exist.
A San Diego DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge.
Obviously unfair as it is, the Hearing Officer can legally object to your evidence, rule on her or his own objection, dually engage San Diego DUI lawyers, and admit or not admit either party’s evidence.
A San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses.
A Driver Safety Officer offers 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.”
In light of the absence of any Fifth Amendment rights at the hearing, San Diego DUI attorneys usually will not want you 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.
A San Diego DMV Driver Safety Officer’s decision will usually be mailed a few days or even weeks after the hearing.
The San Diego DMV / DMV suspension can be set aside or upheld. The goal is a Set Aside.
Intriguing information by San Diego DUI Attorneys on the cutting-edge: