WHAT HAPPENS AT A DMV HEARING IN CALIFORNIA?

Written by admin-1 on . Posted in Criminal Defense, DUI

If your driver’s license has been suspended or revoked you may attend a DMV hearing. When arrested for a DUI the arresting officer will notify you that your driving privileges are suspended. In California, you have the right to challenge your license suspension with the Department of Motor Vehicles (DMV). After being informed of your suspension or revocation you have 10 days to request a hearing. At the hearing, the license suspension will be reviewed to determine if it was justified. In order to ensure that your rights are fought for, team up with a Sacramento criminal defense attorney who is familiar with the DMV hearing process.

Are you in need of a lawyer for your DMV hearing? With the help of an experienced lawyer from our firm you can be sure that all evidence and details will be thoroughly investigated. In order to successfully cross examine the witness from the DMV you need knowledgeable representation. While in the hearing, the following topics will be reviewed:

  1. Probable cause for the criminal arrest
  2. The arrest was lawful
  3. Your BAC was over the legal limit for the state you were in
  4. If your license was taken due to a chemical test refusal were you indeed made aware of the penalties for refusing
  5. Did the arresting officer have reasonable evidence to think that you were driving under the influence when he or she made the arrest

When in the hearing, the facts and details will be reviewed and you will have the opportunity to provide a testimony along with witnesses to speak for you. Many think that this is the hearing to argue that you are not guilty for driving under the influence. The DMV hearing is not the place for that, this hearing is just for reviewing the license suspension. There are criminal court measures that will also take place where the argument for innocence can be made.

Does winning the DMV hearing mean I will not be convicted for a DUI?

Many people believe that if they get their license back that is enough to prove their innocence. This is not the case, it is possible to win your DMV hearing but still be convicted for driving under the influence. You can get your license back due to a mistake by law enforcement but that does not show the criminal court that you were not driving while intoxicated. On the other hand, losing the DMV hearing can hurt your chances for winning in criminal court. Proving a justified license suspension can add evidence against you in the DUI case. Keep in mind that you will still need a qualified criminal defense lawyer from Tower Legal Group to represent you in your criminal court hearing. We are skilled when it comes to questioning the lawfulness of every piece of evidence against you and we can make arguments to fight for your rights.
Call a Sacramento criminal defense attorney from our firm to schedule a free case evaluation today!

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