If you have been charged with a DUI in California, you will have the option of a DMV hearing. At Law Office of Michael L. Fell we help our clients through this and the other processes involved in facing these charges. If you have questions, contact us at (949) 585-9055 right away or keep reading to get your answers.
Can I provide a legal argument during a DMV hearing?
Yes. At a DMV hearing, you have the right to present a legal defense or disclaimer. A hearing officer will revoke a driver's license if they determine the DUI stop and arrest were legal and the driver was guilty of driving under the influence, had a BAC of greater than the legal limit, or refused to take a blood test or breathalyzer.
There are defense options, including showing that you weren't operating a motor vehicle, the arresting police officer lacked reasonable suspicion to make an arrest, the breathalyzer utilized in the case wasn't calibrated or wasn't operating properly, and/or the arresting officer's documentation contained serious errors.
Am I permitted to offer proof at these hearings?
Yes. At a DMV hearing, you can offer your own proof. Gather and arrange any supporting documentation once you've chosen the best defense to present before the hearing. Several typical types of evidence include witness statements, health information, images, and surveillance footage.
When it comes to witness testimony, you can either present oral testimony during the hearing process or submit written witness testimony as evidence. A subpoena can also be used to help assure that a witness will appear at a hearing to give testimony.
Can I examine the DMV's supporting documentation?
Yes. You are informed of the legal justifications for the action during the hearing and given the chance to examine and refute the DMV's supporting documentation. Any supporting documentation the DMV plans to use at the hearing must be given to you prior to the hearing starting. Typically, the arresting officer's police report serves as this proof.
A court proceeding for an alleged DUI charge is different and distinct from a DMV hearing, it should be noted. In the event of a DUI arrest, you will be subject to two separate legal processes: a criminal court DWI hearing as well as a DMV DUI hearing.
Your driving privileges may be revoked or your license suspended as a result of the DMV hearing, as was previously mentioned. However, in court, a judge or jury decides whether you are genuinely convicted of DUI or not. In most cases, the DMV's evidence is identical to the evidence a prosecutor would submit in a criminal prosecution.
Am I permitted to carry notes to a hearing?
Yes. You are entitled to show up to a hearing armed with proof that backs up your claim and any supporting documentation. In fact, you are urged to draft a script in advance of your hearing. Any words you want to communicate should be written down. Doing so assures that even if you start to feel apprehensive, you can still speak up and convince the judge.
Can defense lawyers speak on my behalf at DMV hearings?
Yes. At a DMV DUI hearing, you might decide to have legal representation from a criminal defense lawyer. Having a DUI lawyer or DUI defense lawyer represent you during a hearing is usually ideal. An attorney is more adept at researching and presenting legal arguments to refute DMV evidence.
Additionally, lawyers can assist you in locating crucial evidence and exhibits that strengthen your case. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.