Long Beach DMV Hearing Attorneys
When you are arrested for DUI, the police will give you a "notice of suspension" at the time of your arrest. This means that the Department of Motor Vehicles will automatically suspend your driving privileges 30 days from the date of the notice UNLESS you schedule a DMV hearing within 10 days and request that the suspension be stayed.
If you have not already contacted an experienced Torrance DUI attorney, make sure you do so without delay. Mr. Low will guide you through the process and make sure that your rights are protected.
You must submit your DMV hearing request form directly to the DMV. This form simply states the nature of the charges, the date and location of the arrest, and the name (badge number) of the arresting officer. The form also states that you demand a DMV hearing within 30 days and you demand to be heard in person. Mr. Low can provide you with that form.
Make sure that you either send the form by certified mail (recipient's signature required) or deliver the form in person to a DMV field office and get a receipt. All the jokes about the DMV's incompetence are not without merit - they can "lose" your notice or say that they never received it. Make sure you "cya" with proper documentation.
Even though you may feel that the evidence is stacked against you, an experienced attorney will be able to dispute many things that may have lead to your arrest. The burden of proof will always rest with the prosecutor and they must prove that they have just cause to suspend your license. They must, for example, prove that the police were justified in stopping your vehicle, that they followed the correct procedures, and that they filled out the paperwork accurately.
Never volunteer additional information to the DMV. There is always the possibility that their documentation is inaccurate and they may attempt to fix their mistake error by seeking the correct information from you. Remember, it is their responsibility to prove their case, not yours.
Always seek representation from a top DUI defense attorney and never attempt to defend yourself against the DMV. Mr. Low is the attorney that other attorneys call on when they need representation. He is passionate about defending all citizens' constitutional rights and will not quit.
The government has decided that, unlike other criminal matters, a DUI matter can be tried twice; once by the DMV and again in the courts. The penalties imposed by the DMV are in addition to any penalties that may be imposed in a court of law. Your first line of defense is to obtain a "stay" from the DMV but, in the event that this doesn't happen, you may suffer the following penalties according to the California vehicle code. These penalties are as follows:
First Offense: If you submitted to a BAC chemical test and you recorded a BAC level of 0.08 or more, the DMV can suspend your drivers' license for 4 months. If you did not submit to a chemical test, your driving privileges can be suspended for one year. If this is your first offense, you may be able to obtain a restricted license, which means that you can drive to and from work or school providing that you do not drive under any other circumstances.
Second Offense: A previous DUI conviction will remain on your record for 7 years. If you submitted to a chemical test that recorded a BAC of more than 0.08, your license will be revoked for one year. If you refused the chemical test, your license will be revoked for two years.
Third Offense: If you are proven to have committed a third DUI offense within 7 years your license will be revoked for two years. If you refuse a chemical test, your license will be revoked for three years.
Fourth Offense: Your driving privileges are revoked for four years.
Enhancements: Enhancements are other contributing factors, when combined with the DUI charge will increase the severity of your punishment. For example:
- Driving more than 20 miles over the posted speed limit
- Driving with a BAC of more than 0.20
- Causing injury
- Driving with an occupant under the age of 14
Your freedom is too important to you, your family, and your future to leave it up to bureaucracy. It is your responsibility and your right to demand a DMV hearing. Mr. Low is passionate about your rights and will protect you every step of the way.
If you are in trouble and your freedom is on the line, you need an attorney who is not afraid to fight for you and your rights, a drunk driving defense lawyer who is passionate about your situation, dedicated to your case and will NOT quit.