California DMV Hearings process information

What You Need to Know About DMV Hearings:

Unlike criminal court, where the prosecution must bring in “live” witnesses to prove the case against the accused, the DMV generally does not bring in any such witnesses. Instead, the DMV generally attempts to support its action by introducing various police reports into evidence, as well as the “official” reports relating to the chemical test, if one was given.

Therefore, the fight at the DMV hearing is generally a hyper-technical one, centered on the admissibility of the DMV proposed documentary evidence. The DMV proposed evidence is hearsay. Hearsay is generally inadmissible, absent an exception to the hearsay rule that applies. One possible avenue for success is to challenge the admissibility of this evidence; if the evidence cannot legally be admitted, the DMV must set aside its action.

However, anyone who has attended a DMV hearing can attest to one very odd aspect that is immediately noticeable: The prosecutor and the judge are the same person. The very person who seeks to introduce evidence on behalf of the Department of Motor Vehicles is the same person who rules upon whether or not that evidence will be admitted. As amazing as it sounds, this has survived challenges by lawyers for years. Equally amazing is that the DMV hearing Officer who is making these legal rulings is not a judge or even a lawyer. They are generally DMV employees who have received only cursory training in how to conduct these hearings.

Notwithstanding this inherent unfairness, DMV hearings can be fought and won. Challenges to the DMV evidence are frequently granted. Additionally, it may be possible to demonstrate that a drivers blood alcohol level was below the legal limit at the time they were driving, even though it rose to a higher level at the time they were tested.

DMV hearings provide an excellent opportunity to gather information that can be used to help the accused in the criminal court case. A skilled Wallin & Klarich DUI defense lawyer may subpoena police officers to the DMV hearing, where those officers will provide testimony under oath. This means that any favorable testimony that is developed at the DMV hearing will be available for use in the criminal case.

DMV Hearing – Consequences

For a first-time offender who submits to a chemical test, the DMV will suspend the drivers license for four months. However, it is possible to get a restricted license (that allows for driving to/from and during the course of work, and to/from an alcohol education program) if certain criteria is met.

For a first-offender who refuses to take a chemical test, a license suspension of one year will be imposed, with no opportunity for a restricted license.

For a first-offender who was under 21 years of age at the time of the violation, a license suspension of one year will be imposed under the Zero Tolerance Law. However, a work and school restricted drivers license may be obtained by completing an

application for critical need from the DMV.

For second-offenders (or greater), the consequences increase. For second-offenders who provide a chemical test, a one-year license suspension will result absent victory at the DMV hearing level. For second-offenders who refuse chemical testing, a two-year suspension is in store.

Third- time offenders face a three-year license revocation. Obviously, the stakes in these cases are very high, and help from an experienced legal professional will make all the difference in the world.

DMV Hearing – Appealing a DMV Decision

If the DMV hearing results in an adverse finding, it is possible to appeal. An adverse ruling may be appealed two distinctly different ways: (1) a request for administrative review by the DMV in Sacramento or (2) a petition for a Writ of Mandate in the Appellate Department of the Superior Court in either the licensee’s county of residence or in the county where the DMV hearing was held.

The administrative review process is where the DMV in Sacramento reviews the DMV hearing Officers decision. The cost is minimal ($125). There are deadlines here too: the request for administrative review must be made within 15 days of the date of the decision. If an appeal is not made within 15 days of the DMV hearing result, the drivers license remains suspended for the allotted time period and the driver may not appeal in the future.

A Writ of Mandate may provide an opportunity for relief from a loss at a DMV hearing. A Petition for Writ of Mandate is the first opportunity to get someone from the DMV with formal legal training to review the decision of the DMV hearing Officer. When a Writ is filed, the Attorney General’s Office represents the interests of the DMV. It is possible to get a stay of the suspension pending the outcome of the Writ, but in order to do so the licensee must show that there is no danger to the community and that there is a likelihood of prevailing upon the merits of the case.