How Is The DMV Hearing Different From The DUI Charge In Court In California?

How Is The DMV Hearing Different From The DUI Charge In Court In California? If you have been arrested for an alcohol related Dui in California then you are immediately facing two completely separate “cases”—one with the court and one with the DMV.  Many people in this situation are confused as to why they are facing two cases and what the difference is between the two. DMV Case If you…

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California DMV Hearings – Court of Appeals Determined Individual’s Due Process Rights were Violated

California DMV Hearings – Court of Appeals Determined Individual's Due Process Rights were Violated In Petrus v. State of California Department of Motor Vehicles, the Court of Appeal, Fourth Appellate District, held that due process was violated where the defense is denied the opportunity to present a meaningful defense. The defense must be given the time needed to review and possibly rebut test results. The three-judge panel of the Fourth…

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Red Light Camera Photos are Hearsay – California Penal Code Section 21455.5

Red Light Camera Photos are Hearsay – California Penal Code Section 21455.5 The Los Angeles Daily Journal recently reported that an Orange County Superior Court appellate panel ruled that automatic photos of drivers running red lights are hearsay and therefore inadmissible in court as evidence of traffic violations. Prior to this ruling, the state Senate passed and sent to the Assembly a bill to increase due process protections for people…

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