DMV Hearings

The Department of Motor Vehicles regulates licensing and takes administrative and disciplinary action which is separate and apart from a criminal proceeding involving driving under the influence of alcohol.

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.


Many DSO Hearing Officers do not understand the law, or are afraid to rule in favor of a Licensee as they see it as their job to support the Department of Motor Vehicles.


This makes administrative hearings with the DMV somewhat problematical. However, our office has been successful in winning these hearings as we make a special effort to clarify the issues for the hearing officer, as well as using their own training materials and internal memoranda as authority for our position. We also do full discovery, issuing subpoenas for the arresting officer's training records, and the maintenance and calibration records for any machine used to give a blood alcohol test to our client.


These hearings are very technical, and the chances of a person winning without legal help is slim. DMV does not care if you need to drive for work or school purposes.


The DMV sometimes discourages individuals from seeking a hearing, telling them that they "canít win". The documentation given to an individual arrested for DUI is quite confusing, and does not clearly explain that a hearing must be requested in a very short period of time... 10 days from arrest.

 

(310) 320-5667     2276 Torrance Boulevard, Torrance, CA 90501


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CAUTION! YOU (OR YOUR ATTORNEY) MUST CONTACT DMV WITHIN 10 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO CHALLENGE DMV'S SUSPENSION OF YOUR LICENSE!

 

 

 

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