San Diego DMV Hearing Request

Possession of less than an ounce of marijuana for personal recreational use is a misdemeanor, punishable by a maximum fine of $100 with no jail time or probation.

In 1996 the voters of California passed Proposition 215 providing a legal allowance for the use of marijuana for medical purposes. In 2003 the legislature passed legislation providing a clearly defined mechanism for legal, medical use of marijuana. The Medical Marijuana Program, within the California Department of Public Health, is administered through a patient's county of residence. Upon obtaining a recommendation from their physician for use of medicinal marijuana, patients and their primary caregivers may apply for and be issued, a Medical Marijuana Identification Card.

The Medical Marijuana Program in California provides that "Qualified patients and primary caregivers who possess a state-issued identification card may possess 8 oz. of dried marijuana, and may maintain no more than 6 mature or 12 immature plants per qualified patient." However subsequent regulation and court decisions have provided that local jurisdictions may allow larger amounts for patients or primary care givers in need of it in order to manage medical conditions.

Possession for Sale

DMV hearings are held after the DMV moves to suspend or revoke an individual's driver license, for whatever reason - suspicion of or confirmation of DUI or other unsafe driving (especially by an elderly driver) are two of the most common reasons. The purpose of the DMV hearing is to exercise the driver's rights to (a) review and challenge the evidence that the DMV is bringing against him or her, and (b) present other evidence to contest the DMV's action.

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You Have the Right to an Attorney at Your DMV Hearing

It is very helpful to have a skilled DUI/traffic attorney represent you at your DMV hearing. Losing your license to suspension or revocation can have significant negative consequences in your life. Attorney Anna Yum's knowledge of the DMV system and of DUI and other driving-relating laws will help you with your goal of retaining or reinstating your driver license. Having her represent you at your hearing will maximize your chances of success.

Request the DMV Hearing Right Away

You must request a DMV hearing within 10 days of getting the notice that your license is up for suspension or revocation. Even if you have no idea what a DMV hearing might accomplish for you, it's best to request one in a timely manner, and then contact our office. The hearing can be conducted in person at an office of the DMV, or by telephone. In either case, the hearing is performed with a Driver Safety Hearing Officer of the DMV.

Evidence For and Against the DMV Action

At the hearing, you'll be informed first of the legal grounds for the DMV's action to revoke or suspend your license. Evidence supporting the action against your license will be presented and described. Witnesses may be called to testify (for example, an arresting officer or law enforcement officer who arrived at the scene).

You (and your criminal attorney) will be given time to present evidence and testimony in your favor, including witnesses and prior driving history. Your defense may include such matters as contesting whether a police or CHP officer had "reasonable cause" to pull you over and arrest you, and contesting an alcohol BAC measurement.

Contact the Law Office of Anna R. Yum for Help

The chances of a successful DMV hearing outcome are much greater with a seasoned, skilled criminal lawyer working on behalf of the client.

Contact the San Diego law office of criminal defense lawyer Anna R. Yum for counsel and representation, and arrange a consultation to discuss your options.

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