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DMV hearings are an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. These hearings are much more informal than court. They are run by a Driver Safety Office Hearing Officer, who is an employee of the Department of Motor Vehicles (not a lawyer or a judge). The standard of proof in California DMV hearings is a “preponderance” of the evidence, which is a much lower standard than what is used in criminal court, i.e. “reasonable doubt.”
After a DUI arrest the DMV must be contacted within 10 days to avoid automatic suspension of a driver’s license. It is critical that the DMV be contacted by the individual’s attorney within 10 calendar days of the arrest. On the 11th day, if you have not contacted the DMV, a hearing will be refused and the suspension will automatically take effect in 30 days.
The main purpose of the California DMV hearing is to determine if your license should be suspended or revoked based on following issues:
The Law Office of Scott Levy uses a number of strategies to help our clients keep their driving privileges:
We carefully examine the police report from your DUI arrest. If your arresting officer did not properly complete all crucial portions of the police report or accurately sign certain documents it may be all we need to win your hearing.
Did the officer follow rules and regulations regarding a DUI arrest? A police officer must follow strict procedure regarding blood, breath, and urine tests during a California DUI arrest. Falling short of the rules would be deemed unreliable, and your breath or Filed Sobriety Tests results would not be allowed to be used against you.
Use a forensic alcohol expert to challenge the evidence. Using a forensic alcohol expert to review all the evidence and having him or her take part in the hearing is beneficial in trying to convince the hearing officer that your blood alcohol concentration was below 0.08% at the time you were driving.
Use witness testimony to aid your case. We can present testimony of your passengers in the vehicle to fight your DMV case.
In addition, during the DMV hearing, we will also help you obtain a provisional California driver’s license while you await trial of your case. Sometimes it is possible to drop your DUI charge to a lesser offense that will allow you to protect your driving privileges as well. Legal representation from DUI attorney Scott Levy will greatly increase the chances of retaining your right to drive.
If you are faced with a criminal charge in Fresno County, I encourage you to come and sit down face to face with me...Scott Levy...and I will access your case and begin the process of designing a solution to your criminal related problem. The Fresno criminal lawyers in my firm have credentials that are simply unmatched by other, less seasoned attorneys. Before you hire an attorney for such a serious situation...check them out thoroughly!
I will meet with you in absolute confidentiality in my office, and you can evaluate my abilities for yourself.
The information on this Fresno County Criminal Defense Attorney / Law Firm website is for general information purposes only. Nothing on this website or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
(INDIVIDUAL RESULTS WILL VARY AS EACH CASE IS FACT SPECIFIC)
(DISMISSALS GATHERED BY PENAL CODE 1538.5, PENAL CODE 1385 AND PENAL CODE 1203.4)
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Address: 1713 Tulare Street, Suite 136, Fresno, CA