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DMV Hearings
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. 1-800-221-7798

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. 1-800-221-7798

Related Criminal Law Topics
- Driving Under the Influence
- Traffic Violations

 
 
 

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