Your San Diego DUI / DMV lawyer has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office for hearingrick
Lawyers who do DUI trials usually also know San Diego DMV procedures.
California’s San Diego DMV hearing is not decided by a judge. Instead, one’s driving fate lies at the hands of an employee of the DMV not trained in law who acts as both prosecutor and judge.
Clearly unfair, they 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.
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The 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.” With no Fifth Amendment right 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 DUI attorneys’ 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.
Your San Diego DUI / DMV lawyer 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.
Upon request, 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.
San Diego California DUI criminal defense lawyer Rick Mueller’s presentation and materials were excellent.