DMV ADMINISTRATIVE HEARINGS IN CALIFORNIA
If the California Department of Motor Vehicles orders a discretionary action restricting or revoking your driving privilege, you generally have the right to request a hearing in order to contest that action. Hearings must be requested within ten days after notice of the action is received. Hearings can be conducted in person or over the phone. At DMV administrative hearings, the driver is informed of the legal basis for the discretionary action, and any relevant evidence is presented. You may challenge any claims or evidence brought against you, and you may also present your own evidence and witnesses at a DMV hearing.
HAVE AN UPCOMING DMV HEARING?
The nature of the administrative hearing itself is largely determined by the specifics of what led to the discretionary action. Most DMV administrative hearings are related to charges for driving under the influence (DUI), and they tend to focus on the legitimacy of probable cause claims made by law enforcement officers, arrests, and blood alcohol content (BAC) tests. If you are facing DUI charges, an administrative hearing does not substitute for your court trial; they operate independently of each other.
DMV administrative hearings are not mandatory. Having an attorney represent you at a DMV hearing is not required, but it can be helpful. Administrative hearings exist to provide citizens a way to voice their concerns regarding any discretionary action that has been brought against them. Because DMV administrative hearings do not seek to establish guilt or innocence, there are no specific consequences or negative outcomes associated with them.
DEMAND AN ATTORNEY EXPERIENCED WITH DMV ADMINISTRATIVE HEARINGS
Regardless of the nature of your DMV administrative hearing, the attorneys at Okabe & Haushalter believe that everyone deserves to be heard. While attorney representation is not mandatory for administrative hearings, an experienced ally greatly increases your chances of finding a flaw in the prosecution’s reasoning or exposing an illegitimate action taken by law enforcement officers. Don’t hesitate; you could lose your license. Contact Okabe & Haushalter today for a free consultation. We always fight for the best possible results for our clients.