With every DUI arrest in California there is a DVM hearing. It determines your driver license privileges. Anyone preparing for one will need to know how to prepare for a DVM hearing. Below is a list of the things you will need to at least keep in mind when preparing.
Step by Step Guide on how to prepare for a dmv hearing,
Total Time: 60 days
Step 1: Mark the Deadline for Requesting a DMV Hearing
Calculate 10 days from the date of your arrest and mark that date. This is your deadline to initiate the process for saving your license with a DMV Hearing.There is a date calculator on the tools and resource page to make it easier..
Step 2: Decide on Legal Representation
Within the aforementioned 10 days, decide whether to hire a lawyer. If a lawyer is hired within this period, they will handle all preparations for the DMV hearing. If opting to go without a lawyer, prepare for the DMV hearing independently.
Step 3: Request a DMV Hearing Independently (if no lawyer is hired)
If you decide not to hire a lawyer, contact the Driver Safety Office of your area to request a DMV hearing. The hearing date will typically be assigned within 90 days.You will need to call the Driver Safety Office of your area. You can contact the number or if you are in tight spot (ie on the weekends) then you can fax in your request. once you contact them and request a hearing they will give you a date.
Step 4: Review Police Report
After requesting your DMV hearing, receive and review the police report which will typically arrive within 3-4 weeks. Examine the reason for the stop, Blood Alcohol Content (BAC), and check for the presence of any audio and video.
Step 5: Send out Subpoenas for Additional Evidence
If needed, send out subpoenas to obtain additional evidence like dashcam footage and compare it with the police report to identify discrepancies. If a breath test was administered, request use and calibration logs for the machine. In order to how to prepare for a dmv hearing, you can get the forms here under (Dmv Hearing forms) In addition, if you had a breathe test in yoru case, then you will also want to get use and calibration logs for your machine.
Step 6: Prepare Your Argument for the DMV Hearing
Prepare to present your case at the DMV Hearing, focusing on whether the officer had reasonable suspicion, there was probable cause for arrest, and whether you were driving with a BAC over .08.
Step 7: Consider Legal Representation
Weigh the benefits against the time, money, and effort required to prepare for a DMV hearing and decide whether hiring a lawyer is in your best interest considering the impending loss of privileges and impending court processes.
Step 8: Scrutinize Police Report Details
While preparing for the DMV hearing, carefully examine the police report, focusing on the reasons the officer pulled you over and compare this with any personal notes, BAC results, and other available evidence like videos to identify any inconsistencies.
If you can’t call in by the 10 days then you should consider faxing it in.
Yes. The DMV gives very few exception to late request. If your 9th day is on a friday and you did not get it in by the close of the nusiness day then you should fax it in.
Should I hire a Lawyer for the DMV Hearing?
Your tolerance for learning how to prepare for a dmv hearing dicates this. It’s impossible for anyone else to answer this exceptfor yourself. No body knows your time and money issues. In addition there is also the court process you will need to consider. At the end of the day it is a calculus of time, money, weighed against the lost of prvileges and the criminal court system.
What to look for in police report when preparing for a DMV hearing?
Pay attention to the reasons why the police officer pulled you over. Compare it with your own notes. Look at the blood alcohol content and use a blood alcohol calculator and compare the numbers to see if they are consistent. In addition, there is also the video to consider. The video should be compared with the police report at the DMV hearing to see if the officer was being truthful when he initiated the stop.
How Do I send out the subpoena?
You will nee to fill out the subpoena then send it out to the arresting agency. However, before you need to call the agency first and ask to talk with the subpoena clerk because they will tell you how much to send for the purpose of a subpoena.
How can I calculate the deadline to request a DMV hearing?
To calculate the deadline for requesting a DMV hearing, consider calendar days. Holidays rarely form exceptions, making calendar days the safest measure.
Is hiring a lawyer mandatory for a DMV hearing?
Hiring an attorney is not obligatory for a DMV hearing; you can represent yourself. However, having an attorney can significantly enhance your chances of success at the hearing and in obtaining favorable court outcomes.
What happens if I miss the 10-day deadline to request a DMV hearing?
Missing the 10-day deadline likely results in a denied request for an APS hearing. Extraordinary circumstances are required to justify a hearing request past this deadline.
How can I access the police report?
Upon requesting a DMV hearing and receiving a date, expect to receive the police report of the incident 4 to 6 weeks later.
What should I look for in the police report?
Key aspects of an arrest report include the legitimacy of the stop reason and the presence of any acknowledged audio or video evidence, as well as the results of standard field sobriety and alcohol tests. In refusal cases, check if the admonition was read, which is crucial for license suspension.
How to subpoena additional evidence like dashcam footage?
Subpoena forms provided by the DMV are necessary to acquire any additional audio and video evidence not included in the initial police report received after requesting a hearing.
What are the main points to focus on while preparing my case?
The focus depends on your specific case type. Key considerations may include time of driving, admissions, preliminary alcohol screening tests, and any potential hearsay objections. The case’s individual facts determine the focal points.
How does hiring a lawyer benefit me in a DMV hearing?
A proficient DUI lawyer can significantly impact the outcome, ensuring focused and knowledgeable advocacy on your behalf, possibly resulting in a set aside on your DMV and prevailing in the criminal case.
What discrepancies should I look for between the police report and other evidence?
Major discrepancies often involve driving patterns, equipment functionality, and discrepancies in reported and actual events, speech clarity, and drinking history. Examining these factors can reveal inconsistencies and embellishments in the reports.
What are the consequences of not preparing well for a DMV hearing?
Insufficient preparation can lead to consequences such as a one-year suspension, especially in refusal cases, or a four-month suspension in other instances.
How can legal representation impact the outcome of a DMV hearing?
A seasoned lawyer can effectively navigate the hearing, identifying key areas to focus on to prevent license suspension even after a DUI arrest.
Can the BAC level mentioned in the police report be disputed?
Yes, the stated BAC in the police report can be contested. Given that alcohol levels fluctuate over time, determining whether you were over .08 at the time of driving is frequently debated.
Preparing for a DMV hearing involves a series of crucial steps starting from marking the deadline to request a hearing, deciding on legal representation, scrutinizing police reports, and subpoenaing additional evidence if necessary. The meticulous comparison of the obtained evidence with the police reports, coupled with a well-prepared argument, is pivotal for a favorable outcome in a DMV hearing. Whether or not to hire legal representation should be a well-considered decision, keeping in mind the intricacies involved in preparing for a DMV hearing and the consequent legal proceedings.