If you are arrested under the suspicion of a DUI in Los Angeles, CA, then you were most likely issued a notice requiring you to contact your local DMV office within ten days in order to schedule a hearing. It is imperative that you stick to the 10 day deadline or there will be additional consequences. Missing the initial 10 day deadline means that you forfeit your right for a hearing regarding your driving privileges and they will be immediately suspended.
While you will have to appear in criminal court in order to face your charges, the hearing that takes place at your DMV is a completely separate issue that will be administrative in nature. Because the two hearings are completely separate in nature and procedure, one will have no bearing on the other. The findings in each hearing will be considered individually.
The outcomes of each hearing are both equally important, and for the best outcome in each case, you will have to present a strong and convincing argument in both arenas. The outcomes of one case will not be shifted to the other, thus each will have an individual impact on the future of your driving privileges.
For example, Travis was charged with driving under the influence, registering a BAC of .01. As Travis was required, he appeared in court on the date mandated on the original ticket. After reviewing the facts of the DUI violation with the help of his Los Angeles DUI lawyer, Travis’s criminal case was subsequently dismissed after the prosecutor was unable to provide enough evidence to build a winnable case against Travis. During the time that the initial criminal case was beginning, there was also a DMV hearing scheduled for Travis. Because the criminal hearing and the DMV hearing for Travis’s case are completely separate, the criminal case was dismissed, but the DMV hearing was still initiated. After an efficient revue of the details surrounding Travis’s DUI case, the DMV determined that the best course of action would be to suspend Travis’s driver’s license for thirty days.
As detailed in the above example, both hearings involving the DUI are of equal importance, and thus, should be treated as such. During the DMV hearing, you are allowed to have an attorney present, and it is highly recommended that you do so, as it will be to your advantage in the long run.
It is within your rights to question the arresting officer, and to also present evidence that will help to support your claim of innocence. As the police report will be available to you, you will be allowed to question the authenticity of his claims, as well as present your own credible evidence, including testimony and documents, that may help to discredit the officer’s perspective on the DUI incident. The officer’s procedure during the events involving your DUI arrest may also be called into question in order to help you prove your case.
When facing a DUI charge it is very important to understand the exactly what you are dealing with. During the DMV hearing involving your DUI, it is imperative that you understand you will not be appearing in front of a judge and things will be more complicated than a simple appearance. The DMV hearing is just as important to your driving privileges as the criminal hearing, and in fact, may be even more important, so it should not be taken lightly. In order to achieve the best result regarding your DUI case, it is very important that you hire a Los Angeles DUI attourney that is very knowledgeable regarding your situation to prepare your defense, argument, and overall case. Remember, you are seeking the best possible outcome to help you avoid losing your license for any period of time.
Ordinarily, most people are not used to taking testimony and are unaware of the proper procedures that an officer must take in order to act out a lawful arrest. If the arrest is deemed to be unlawful, or outside of the regulated procedures, there is a potential for a reduced set of consequences, or the case could be completely dismissed. It is always best to consult a qualified legal professional as soon as possible in order to gain a clear understanding of the facts surrounding your case.