When police confiscate a person’s driver’s license, it is generally because that person was arrested for DUI (driving under the influence). If an individual’s license has been confiscated, the driver will be given a temporary permit that will allow them to drive for 30 days. Once the 30 day period is over, there will be an automatic suspension. In order to avoid one’s license being suspended, the driver may request a hearing within 10 days of the date of the arrest to contest the suspension of their license.
After a DMV hearing has been scheduled, the driver will be given a date and time to appear for the hearing. The DMV hearing officer will meet the driver in a room chosen to hold the hearing. The hearing officer will play two roles:
If the DMV officer finds legitimacy for the traffic stop and arrest, a suspension will likely issue. If the DMV officer finds otherwise, the driver’s driving privileges will be reinstated.
It is not uncommon for a person to decide that he/she can defend themselves at the DMV hearing. As most laypeople do not have the training or the awareness to effectively plead their case, it is always advisable to hire an experienced DUI attorney to handle a DMV hearing. By hiring an experienced attorney, the driver will be assured that all evidence is challenged, the arresting officer has been subpoenaed and cross examined and an argument made in favor of a hardship license, if necessary.
Remember, a person has just 10 days from the date of their arrest to seek a DMV hearing. Contact our office today to discuss your situation and to answer any questions you may have.
Client charged with DUI after witness called into 911 reporting drunk driver who crashed in a residential neighborhood. Negotiated a reckless driving plea for client and also successfully stopped the license suspension by by winning the DMV hearing. (People v. Elysse F.)
Client faced felony DUI charges after getting into car accident while intoxicated. Faced up to 3 years in prison, and an additional 3 years for great bodily injury enhancement. Negotiated misdemeanor deal without any jail or community service and avoided the 1 year license suspension. (People v. Sherrie D.)
First time DUI charge dismissed against driver stopped on suspicion of driving under the influence. Negotiated dry reckless for client prior to trial. (People v. Derrick J.)
Felony charges for DUI against client for a t- bone collision in intersection. Defendant ran from the scene and charged with hit and run. Previous attorney had negotiated felony plea with credit for time served. Took over representation and negotiated misdemeanor sentence without jail time or community service when trial date was set. (People v. Dennis A.)
Client stopped for DUI after officer allegedly saw vehicle commit Vehicle Code violations. Client’s blood alcohol pattern (rising blood) provided a defense and DUI dismissed, with client admitting dry reckless charge. (People v. Michael T.)