DMV Hearing

DMV Hearing
Should Ya' or Shouldn't Ya'?

Anyone arrested for driving under the influence and has their license taken has 10 days to schedule a hearing with their local DMV office (via telephone or in person) and fight to have their license returned.

Of course you must have a 'reason' why you think the DMV should reinstate your license. Sometimes licenses are returned for the smallest of 'reasons' (box X is not checked).

In 2003-04 only 14% of the drivers have their license returned after having a hearing.

You can though, have your license suspension 'STAYED'. This means that when you schedule to have a hearing from the DMV, your license suspension will be temporarily put on hold and you will be given full privilges (the automatic license suspension that would have gone into effect after 30 days after your stop will NOT go into effect) until the hearing and then the merits of your case will be heard.

What are the issues at the DMV hearing?

One issue that is NOT on the table are hardship licenses. The DMV does not issue these licenses for APS actions. What is on the table is:

1. Were you driving the car?

2. Were you legally stopped?

3. Were you legally arrested?

4. Did you take a test and was it legally administered?

5. Were your results .08 or above?

If you have any questions about the above or feel that your rights or the procedures were not followed or observed that you should schedule a hearing (lawyers charge on an average $750 - $1000 for the hearing and $750 - $1000 for the court ($1,500 - $2,000 total).

Tags: California DMV |  California DUI