DMV Hearing Lawyer in San Jose Bay Area
Have you recently been charged with Drunk Driving in San Francisco or surrounding areas?
You must request a DMV hearing within 10 days after the arrest, or your driving licence will automatically be suspended 30 days after the date of the arrest.
Hire an experienced attorney to file a DMV hearing request for you and request a “stay” of the license suspension in order to prevent the suspension from automatically taking effect.
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.
Administrative per se hearings – Drunk Driving Hearing
If you have been arrested for drunk driving offense (DUI) in California, you must CONTACT THE DMV WITHIN 10 DAYS OF THE ARREST.
- If the chemical test result was over .08% (if the defendant is 21 years of age or older), or the chemical test result was over .01% (if the defendant is under 21 years of age), or the defendant refused to submit to a chemical test, the police will take away his/her California driver’s license and issue him/her a notice of suspension and 30-day temporary license.
- If you do not contact the DMV within 10 days to request a hearing, your license will be automatically suspended after 30 days from the date of your arrest.
- Along with a hearing request, a “stay” of the suspension should also be requested in order to prevent the suspension from automatically taking effect 30 days after the arrest.
- As long as a stay on the suspension of your license has been requested, you will continue to have full driving privileges (at least until a decision has been rendered in connection with the DMV hearing).
- If the hearing is won, the DMV will not impose a separate suspension against your license; if the hearing is lost, the DMV will simply impose the same suspension they would have initially, just at a later date.
- A first offense can result in a four-month license suspension, while a refusal or a second or subsequent offense within ten years can trigger a one-year license suspension.
- If an APS hearing is not requested, or is but is not won, the license will be suspended for 4 months if this is a first offense (in connection with California Vehicle Code Section 23152) within 10 years, you are 21 years of age or older, and the case does not include a refusal to submit to a chemical test.
- This suspension can actually be reduced to a 1-month suspension followed by 5 months of a restricted license (to, from and during the course of employment and to and from alcohol school) if you pay a $125 reinstatement fee to DMV, file proof of enrollment in a DUI school and SR-22 insurance.
- DMV suspends or revokes a driving privilege due to a mental or physical condition.
- When you receive a notice from DMV informing you that an action will be taken against your driving privilege, if you want to have an administrative hearing, we need to immediately request a hearing. We only have 10 days to request the hearing if you were personally given your notice of action, or 14 days if the notice was mailed to you.
Negligent Operator hearings
- A negligent operator is defined in California Vehicle Code § 12810.5 as any driver whose driving record shows a violation point count of four (4) points in 12 months, six (6) points in 24 months or eight (8) points in 36 months. The point count is based on traffic convictions or accidents.
- The purpose of the NOTS hearing is to provide a driver with an opportunity to dispute the action ordered against his/her driving privilege and to present evidence on his/her behalf.
- The DMV hearing officer will decide whether the driver should be classified as a negligent operator and whether any action against the driving privilege is warranted.
- The DMV hearing officer can sustain the suspension, reduce it from its original term, offer a restricted license or set aside the suspension.