An arrest for driving under the influence, or DUI, or accumulation of enough points on your driving record gives you the option to request a DMV hearing. A hearing at California’s Department of Motor Vehicles is your only chance to contest the administration per se, or APS, license suspension. In California, after you are arrested for DUI, you have 10 days to request the DMV hearing. The Law Offices of Jonathan Franklin has handled DUI related APS hearings long enough to know the five things you should understand about the hearing:
You only have 10 Days to Request a Hearing
Your 10 days begins the day you receive your notice of arrest. Once the 10 days are up, you are no longer allowed to request a DMV to save your driving privileges. The 10 days can pass quickly. So request the hearing as soon as possible. Remember, 10 days actually means 10 days.
Always Request an In-person Hearing
Some California DMV offices typically handle hearings over the phone. We suggest that you specifically request the hearing be in person. An in-person hearing is better than trying to defend yourself over the telephone. The Law Offices of Jonathan Franklin can make this request for you.
You Do Not Have the Right to Face Your Accuser
In the majority of DMV hearings, the arresting officer does not have to be present at the hearing. This may cause you to believe you have a great chance of winning the case without the other side present. Do not take this for granted. It is an advantage, but you still need an experienced DUI lawyer to assist you presenting evidence to the hearing officer. The arresting officer can always be subpoenaed for tactical reasons.
The Hearing Officer over Your Hearing is NOT a Judge
Although the case involves drinking under the influence accusations, it is not a criminal case. Instead, a hearing officer listens to the facts of the case. The officer works for the DMV and is no way involved with the court system.
You Have a Good Chance at Winning Your Hearing
Your driver’s license is automatically suspended after you receive a DUI. You will receive a temporary license. It’s best to have your complete driving privileges back. You have a great chance of getting your license back if you quickly request a DMV hearing and hire the right DUI attorney.
Contact the Law Offices of Jonathan Franklin today. You need aggressive representation at your DMV hearing. Your driving privileges are at stake. So contact us immediately.