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
Count 10 days from your arrest and write it down for Save Your License with a DMV Hearing
The first step to how to prepare for a dmv hearing is to not miss the deadline. You will need to count 10 days from your date of arrest and write that date down for the next step. There is a date calculator on the tools and resource page to make it easier..
If you pick a lawyer for your DMV hearing then you sit back
If you pick a lawyer within 10 day then you will not have to worry about how to prepare for a dmv hearing. The lawyer will do everything for you.
You will have to request a DMV Hearing on your Own if you do not have a lawyer.
If for some reason, you deceide to not hire a lawyer then you will need to know how to prepare for a dmv hearing. The first thing is to consider requesting your own DMV hearing. There are more pros then cons here to request a hearing. 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. If you are in Orange County then Orange Driver Safety Office will give you a date within 90 days.
Review police Report
This is the most important part on how to prepare for a dmv hearing. You will receive the police report within 3-4 weeks of requesting yoru DMV hearing. From this report you can tell what your BAC was, the reason for the stop, and whether there is any kind of audio and video. (CHP Always has video except for supervisors cars) However, police agency will not give you the audio and the video unless send a subpoena for it.
Send out Subpoenas to get the Dash Cam for the DMV Hearing
In order to get the video you must send out a subpoena. Be sure you check SDT at top of the forms. This video is useful to compare with the police report. Check the reason for the stop if it matches the report. In addition, if this is a CHP case then you must fill out an MVARS form for the purpose of getting yoru video. 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.
Be prepared to argue you case at the DMV Hearing.
There are too many issues to list for one article. The main ones are whether the 1) The officer had reasonable suspicion to pull you over, 2) Whether there was probably cause to arrest you, and 3) Whethere you were driving with over .08 of alcohol in your system.
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.