What kind of Evidence and Arguments can I present at a Los Angeles DMV Hearing?
Whenever you are facing charges or arrested for a DUI charge in Los Angeles, you are asked to make your first appearance in a Los Angeles criminal court of justice. The first court appearance is often known as a court arraignment that informs you on what to do after securing your court order or arrest warrant. There is a lot of significance in your first court arraignment. This means that you were issued with a notice to make your first appearance in court following your DUI arrest. After entering the DMV hearing, you will be sent to a court hearing if it meets the designed criteria for prosecution. If your case does not meet the prosecution criteria, it will be dismissed at the DMV hearing.
In most cases, you will be scheduled for the first court appearance after the DMV meeting that is often within the first 10 days. If you don’t schedule the court DMV hearing within the ten days, you will lose the right of hearing to have the case proceed to trial in a Los Angeles criminal court of justice. The main purpose of the DMV hearing is to determine whether or not your license will be suspended. If they decide to suspend your license, they will also determine how long it will remain suspended. Sometimes, you will be granted driving options with the restricted license to work and school.
In your DMV hearing, it is important to note that you have all the necessary legal rights to be represented by an experienced attorney. Many people miss this mark because they think that the hearing is purely administrative. This is because they know that the DMV hearing only has a hearing officer who is not a judge. If you want to elevate the chances of winning this case out of a Los Angeles court of justice, ensure you get the representation of an experienced legal professional who has the necessary skills to represent your best interests. The attorney will help you bring up the procedural misconduct with the police officer who noted your conduct in the national highway when you were arrested. They will also point out any misconduct on the path of the police officer if they failed to follow some mandatory protocols.
For instance, the police officer is not allowed to pull you over if he has not established a probably reasonable doubt that you might be intoxicated with alcohol while driving. In this case, this is a traffic offense that can lead to the dismissal of a case. You must have an attorney who understands this legal aspect of the DUI cases in the state. A police officer does not have the mandate to pull someone over randomly without any indication of a crime. In this case, the case can be dismissed if they pulled you over to take the blood test without enough base or proof. These are some of the arguments that can be aired during the initial DMV hearing when the case has not proceeded to trial.
Another instance occurred when the police officer did not follow the correct procedure of obtaining enough proof that you were intoxicated at the time you were pulled over from the highway. As a victim, you need to understand that you have the right to refuse to take any tests at the field. However, it is a requirement to take the test if you have been arrested. If you refuse to take the alcohol blood test after being arrested, you may face serious consequences. These are the legal steps the police officer should inform you when you are being arrested. It may result in consequence of obtaining evidence if they do not tell you.
It is in your best interest to seize your rights to call for the police officer to testify during the DMV hearing. You can also question the police officer concerning the observations and report during this session. You might get a chance to question the procedure or protocol used to get the test results. In most cases, attorneys use it to provide reasonable doubt that the case is invalid.
You may also present evidence or a report against the police officer’s report. Treat the hearing as if it was a criminal case in a court of justice.
If you or your loved one is arrested for a DUI case, ensure you contact the Los Angeles attorney for proper representation.