DMV Hearing Vs. Criminal Court Hearing
- February 2, 2016
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When a driver is arrested for DUI, they are normally notified that they should schedule a DMV hearing in the 10 days after the arrest where they will have the opportunity to protect their license from being suspended. The hearing is therefore very important, as well as the deadline. The driver’s failure to set up the hearing or make an appearance leads to an automatic license suspension.
It is important to note that the DMV hearing is an administrative procedure which has no relation to the criminal case hearing. The conclusion reached in the administrative hearing will have no consequences on the criminal court hearing and the same applies the other way around. The reason that is important is because the driver has to prepare two strong defense cases, as the arguments, the evidence and the findings will not be shifted from one hearing to another.
An example can demonstrate this. Laura was stopped and arrested on DUI charges with a BAC of 0.12. She hired a San Diego DUI attorney and made an appearance in criminal court. The results of the hearing were that there wasn’t sufficient evidence to build a case against her. However, when she appeared for her DMV hearing, it was concluded that she should be penalized with a 30-day driver license suspension.
Defendants are not obliged to hire a lawyer for the administrative DMV hearing, but it is highly recommended that they do. Being legally represented in the DMV hearing can protect the defendant from being inconvenienced with a license suspension.
Even though there is no judge in a DMV hearing, that doesn’t make it a simple appearance. At the very least, it is as important as the criminal case one. The defense is allowed to present arguments, evidence and testimony, as well as question the arresting officer and the procedures applied. An experienced San Diego DUI attorney is well familiar with legalities and complexities of DUI cases, which makes them qualified and competent to bring the lawfulness of the arrest into question.
The best San Diego DUI attorney
It is in the best interest of all drivers arrested for DUI to mind the 10-day deadline to set up a DMV hearing. Having an expert DUI attorney at their side in the hearing will incomparably increase their chances to be able to keep their license. Overall, having professional legal representation makes it more probable the case will be dismissed or the penalty reduced. The San Diego DUI Pros are always available to provide potential clients a case review free of charge and pressure to hire. If you or someone you love have been involved in a DUI case, you can only gain if you contact San Diego DUI Pros!