April 5, 2018

Frequently Asked Questions (FAQ)

DMV Hearing Lawyer

DMV Hearing represented by an attorney

DMV Hearings

    • If you have been arrested for a DUI/DWI, California law requires you must request a DMV hearing within 10 days of the arrest. Failure to do so will result in an automatic suspension of your license 30 days after your arrest.

As I have informed you, a DUI/DWI has a criminal and a civil charge against you. The DMV proceeding is the civil proceeding and is separate and apart from the criminal courtroom proceeding.

The DMV is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:

    • takes a chemical (blood or breath) test which shows a Blood Alcohol Concentration (BAC) level of 0.08% or more, or
    • refuses to take or fails to complete a chemical (blood or breath)* to determine his/ her BAC level

DMV hearings are administrative per se (APS) hearings and are much more informal. The hearing will be held by a Driver Safety Office (DSO) Hearing Officer–an employee of the Department of Motor Vehicles. Unlike a criminal case that requires proof beyond a reasonable doubt, the standard of proof in DMV hearings is a “preponderance” of the evidence.

Due to the legal and technical requirements of DMV hearings, the chances of a non-lawyer winning are very low, if at all. This is clearly exemplified by the forms given to you after you have been arrested. The forms can be very confusing. In fact, the forms do not clearly state that you must request a hearing within 10 days of your arrest.

The DMV does not care about your needs, or whether you need your license to go to work in order to provide for yourself and/or your family. That is why you need an attorney to represent you.

Traffic Violations

Officers will not show in court around a holiday

Many people believe that if you schedule a hearing date before or after a holiday the officer is less likely to show up. This however is not true. Part of an officer’s job is to show up in court, and they are very aware of these dates when they schedule vacation. In addition judges are very aware of this common myth.

Knowing an Officer will help you

Once a ticket is in the system there is very little an officer can do. Many people think they can influence other officers in not showing up, this is illegal. Officers routinely not showing up in court is frowned upon.

Arguing the technicalities in court will help

In order to dismiss a ticket there has to be an overwhelming amount of evidence as well as major mistake on part of the officer.

Speeding Tickets a few miles over the limit are easier to dismiss

A ticket is a ticket. Although, excessive speeding carries a harsher penalty, any ticket over the designated speed limit is not readily dismissed.

Tickets are primarily given to deter unsafe driving conditions

The laws are written to ensure safe and orderly driving, however tickets more and more represent a huge revenue for the local enforcement agencies. This is why it is very difficult to dismiss a ticket without the proper representation.

Trial by Declaration are easier to win

It is actually harder to win by Trial by Declaration, because of the notes that are written on the back of the ticket by the officer. An officer must testify from memory so when a ticket is given every detail is recorded, as well as what you have said.

There is nothing you can do to contest your ticket

This is one of the biggest misconceptions out there. Tickets get reduced or dismiss all the time by attorneys. Every ticket is different and it is in your best interest to consult with an attorney. Stay away from attorneys that promise dismissals, or do not want to give you a free consultation. No one can guarantee a dismal and a 95% dismal rate does not mean much.No attorney can guarantee the outcome of any case.

Suspended Licenses

    • Your license can be revoked by the courts or the Department of Motor Vehicles (DMV). If you think or know that your license has been suspeneded you need to contact an attorney as soon as possible. The DMV does not care about your needs, or whether you need your license to go to work in order to provide for yourself and/or your family. That is why you need an attorney to represent you.

You can obtain a copy of your driving record by:

Your DMV record is available to you during normal working hours. You may obtain a copy of your California driving license/identification card and/or vehicle/vessel registration information by:

      • Visiting your local DMV office (make an Appointment(s) for faster service)
      • Completing a Request for Driver Record Information form INF 1125
      • Showing identification
      • Paying the fee

If going into a local field office is not convenient for you or you are out of state, you may request your record by mail. Complete the INF 1125 form available on this web site or prepare a written request, including your name, date of birth, social security number, California driver license number, and your signature, along with a check or money order for $5, and mail to:

Department of Motor Vehicles
Office of Information Services
Public Operations Unit G199
P. O. BOX 944247
Sacramento, California 94244-2470

DMV can also provide you a copy of your spouse or minor children’s record as long as they are living at the same address. The INF 70D/70R Request for Driver License/Identification Card or the Request for Vehicle/Vessel Registration form must be completed and submitted with the appropriate fee (provided on the form) for each request.