San Diego DUI attorneys who handle DMV hearings understate the nature of these San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures.
Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
San Diego DUI lawyers appear at the DMV hearing, which is controlled by a Driver Safety Officer who marks & receives evidence in the form of documents and/or witnesses.
Driver Safety Officers start with the police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer’s sworn statement entitled a “DS 367.”
Because there are no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney 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 DUI lawyer’s defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems – as well as legal, procedural and bureaucratic obstacles – are possible grounds for setting aside the suspension.
The San Diego DMV Driver Safety Officer’s decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
California criminal defense lawyers who attend DUI seminars indicate to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller’s presentation is extremely valuable.
For reliable information or to contact a San Diego DUI Lawyer who can help: