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California DMV (Department of Motor Vehicles)
Hearings
Our California lawyers can help to advise and
represent you in DMV Hearings. We have extensive
experience before the California DMV and bring a high
level of skill and knowledge to these types of cases.
The Department of Motor Vehicles is the state agency
responsible for the licensing of drivers and vehicles in
California (CA). They are also responsible for the
enforcement of administrative regulations, and for
conducting hearings related to suspension of driving
privileges arising from those regulations, particularly
hearings arising from arrests for drunk driving (DUI / DWI).
The Department of Motor Vehicles (DMV) proceeding is
quite different than the courtroom proceeding in a
criminal matter. The hearings are more informal, and are
run by a Driver Safety Office (DSO) Hearing Officer, who
is an employee of the Department of Motor Vehicles and is
not a lawyer, much less a judge. The standard of proof in
these hearings is a "preponderance" of the
evidence, a much lower standard than criminal court.
These hearings are very technical, often involving issues
of whether there were procedural or bureaucratic errors,
and an experienced DUI lawyer is essential to present
your best possible arguments.
Many DSO Hearing Officers do not understand the law as
it relates to driver’s license suspension, or are
afraid to rule in favor of a Licensee as they see it as
their job to "support" the Department of Motor
Vehicles.
It is in your best interest to consult with an
attorney prior to your DMV hearing. Please contact our
lawyers to discuss your case and let us help you reach
the best resolution possible for your situation. 1-800-221-9935
There are several reasons why a DMV Hearing may be
ordered, the most common include:
- Driver being stopped for driving with a blood
alcohol level of 0.08 or above;
- Negligent operator hearing - where the driver has
accumulated 4 points or more against his record during
a 12-month period;
- Medical Concerns - where the DMV has been informed
by a Doctor or other qualified medical person that an
individual is medically unfit to drive.
The result of your DMV hearing will usually not be
made available for several days, or even weeks. If the
hearing officer's decision is not in your favor, it can
be appealed. If you need to appeal a DMV hearing
decision, or need representation for a hearing in
California, please contact
our lawyers today for advice. 1-800-221-9935
Related Criminal Law Topics
- Driving Under the Influence
- Traffic Violations
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