DMV Hearings V Trial Court Hearings

DMV Hearings V Trial Court Hearings




DMV hearings are a different monster than trial court hearings. The DMV is a department in and unto itself that hears its own situations and renders its own decisions and outcomes. however, there is general ignorance and without of awareness consuming the general public on the DMV procedures of a DUI arrest or charge. for example a fact that is comparatively unknown is, as stated in the California DMV website, after an arrest the person charged with a DUI may not only have to appear in court but also has the option of scheduling a hearing with the DMV within ten days after the arrest. The DMV hearing is then heard by an administrator, referred to as a “Hearing Officer,” who makes a decision on whether to suspend or revoke the driver’s license. Due to the general without of public awareness, this article’s purpose is to inform the public the differences between the DMV and trial court hearings, what the DMV looks for in calculating whether to suspend or revoke your license, and the DMV procedures after an arrest.

There are two major differences between DMV and trial court hearings:

1. The DMV is its own state agency and is not obligated to follow court rulings or rules. What this method is that despite any court ruling, i.e. a acquittal or dismissal, the DMV is not obligated to follow the court’s verdict. The DMV can nevertheless suspend and/or revoke your license depending on its own investigation no matter the trial court’s outcome.

2. The DMV Hearing Officer who hears the case does not have the same legal skill as a trial estimate. What this method is that a DMV Hearing Officer is not likely to have adequate knowledge of the law and its defenses like a trial estimate. The Hearing Officer’s main priority is to see if the driver was over the.08 limit when driving and if the police officer had probable cause to arrest or detain. The DMV Hearing Officer may not be receptive to some legal reasoning or defenses, but can give weight to exceptional circumstances, such as medication with a doctor’s observe or other medical or physical condition, when calculating whether your license should be suspended or revoked.

According to the California DMV website, http://www.dmv.ca.gov/dl/driversafety/dsadminvscriminal.htm#diff: “The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.” The DMV Hearing Officer is concerned with whether the driver took a breath, blood, or urine test, the police officer had probable cause to lawfully arrest the driver or not, and if the driver was driving the means and if the BAC levels for the driver were above.08. In other words, the major difference between trial court hearings and DMV hearings is the DMV is chiefly concerned on whether or not to take away your license, not whether the driver is found guilty or innocent.

After a DUI arrest, according to the DMV website, the DMV has procedures that a person should follow:

1. After being arrested, the person has ten days to set up a DMV hearing for either an in person or telephonic hearing. If the person chooses not to have a hearing, their license is automatically suspended depending on which number and the severity of the offense, i.e. first, second, or third offense. Attorneys are able to represent you at the DMV hearings, in which a good defense attorney will know the differences between the trial court and DMV procedures.

2. Depending on the offense, a person may apply for a restricted license if the DMV Hearing Officer ruled to suspend the driver’s license. The restricted license only allows the driver from driving to and from work, and to and from DUI treatment classes, i.e. AA, NA or alcohol school. However, the DMV will only allow this with proof of SR-22 form, adequate insurance, and proof of DUI treatment classes.




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