California DMV Hearings
San Francisco DUI Defense Attorney
In California when a driver is arrested for DUI (driving under the influence), the arresting officer confiscates the driver's license and gives the driver a notice of suspension and forwards a statement of the arrest to the DMV (Department of Motor Vehicles). The officer's statement will be reviewed by the DMV for completeness and the driver's license will be suspended.
The driver or driver's attorney has only 10 days from the time of the arrest to contact the DMV to request a License Suspension Hearing. It is vital that the driver be represented by a San Francisco DUI attorney in this hearing. It is important to ensure the hearing is conducted in person not over the phone if witnesses are going to testify. The hearing is generally scheduled at the office closest to the point of arrest, but can be held at another location if necessary.
Contact our offices today if you want more information on how we can help with your DMV Hearing.
Enlist Skilled Advocacy for Your Hearing
I, Nors Davidson, will handle your DMV hearing. Not some "Team" Lawyer from the firm. In fact, many DUI defense firms handle DMV hearings telephonically with an individual, who is often not an attorney, doing your hearing over the telephone from Southern California. I've won several DMV hearings and the only way to do it, is in person. The DMV is like anybody of individuals, when you see the same face all the time, you're much more likely to get a favor or excellent ruling on a license suspension case.
DMV Hearing Facts to Note:
- A voice on the telephone almost always loses DMV hearings.
- Most attorneys have never even won one DMV hearing!
- In fact, all most all DUI defense attorneys look at DMV hearings as "automatic" loses.
- While it is true that the evidentiary rules in DMV hearings are not favorable, a decisive DMV victory can be had just because the hearing officer liked your attorney (and you had a decent case).
- An extension of driving privileges can be arranged if the hearing is not scheduled before the 30 day temporary license has expired.
Understanding DMV Hearings in San Francisco
The officer's report and any accompanying report from the BAC (blood alcohol content) test technician after being reviewed clerically will be forwarded to the hearing officer and the date of the hearing will be scheduled and will be held at a Driver Safety field office. A DMV employee will act as the hearing officer and will act as both judge and prosecutor. Because of this peculiar arrangement the driver (defendant) should ensure he or she is represented by an experienced DMV hearing attorney who can clarify points of law which might arise.
The hearing officer will:
- Present the evidence
- Examine any witnesses
- Cross-examine defense witnesses and the defendant
- Render a verdict after all the evidence and witnesses have been heard
Although the hearing officer may have no legal or other special training to qualify as an impartial hearing officer, an experienced DUI defense lawyer can challenge the evidence presented and any witness testimony and can achieve a favorable result. The key here is EVIDENCE. DMV hearings are about the admissibility of DMV documents and evidence, not how a license suspension will impact a specific individual. Therefore, only an experienced DUI attorney familiar with the laws of evidence suppression can be successful at a DMV hearing. Individuals representing themselves have virtually no chance of success.
The Importance of Experienced Representation
Since your driving privileges are at stake in this matter, choosing a DUI lawyer who has a thorough understanding of the hearing process and an excellent record of success will be very important. As a member of the California DUI Lawyers Association and 10/10 AVVO Rated, The Law Office of Nors Davidson has helped numerous clients retain their driving privileges. In fact, I can say with honesty, that I probably give you your best chance at saving your license at a DUI DMV hearing.
If you are facing a DMV hearing, call my office for a DUI/DMV consultation today.