San Diego DMV Hearing Request

After receiving a ticket, drivers must attend a DMV hearing. There are two possible outcomes for traffic tickets. Drivers could face criminal prosecution in court or an administrative hearing before the Department of Motor Vehicles (DMV). While the court has the authority to impose fines, jail time, or community service, administrative penalties that impact driving privileges, including license suspension or point accumulation, are the main focus of the DMV hearing.

You can represent yourself in the hearing, but you need a proper understanding of the DMV hearing process to properly navigate this administrative procedure. If you want knowledgeable representation, an attorney can represent you. If you are in the San Diego area, you can rely on our attorneys at the Law Offices of Anna R. Yum for representation in the DMV hearing and even criminal defense if DUI charges are leveled against you.

What Happens Leading Up to a DMV Hearing

After making a DUI arrest, the arresting officer will confiscate your driver’s license and issue you a pink “Notice of Suspension” (DS 367). This notice informs you of the impending suspension of your driving rights, which takes effect 30 days following the arrest. However, the pink notice only acts as a temporary license for 30 days, subject to one essential requirement. Only if your driver’s license was lawfully valid during the arrest is this interim driving permit associated with the pink notice legitimate. The pink notice will not allow you to drive temporarily if, before the DUI arrest, your license was suspended or revoked for any reason.

Remember that this is a short-term permission that lasts only 30 days. You also have the option to contest the suspension by asking for a DMV hearing within ten days of the arrest.

Requesting and Failing to Request for a DUI DMV Hearing

If you request a DMV hearing request within ten days of receiving a traffic penalty, you will face two consequences.

Initially, it automatically delays any possible suspension of your driver’s license until the hearing is over and a ruling is made. This gives you vital time to be ready for your defense. The DMV also arranges a formal hearing at which you can challenge the ticket or suspension. You should provide proof and arguments that call into question:

• The legality of the traffic stop.
• The protocols used by the arresting officer.
• The integrity of the chemical test results (in DUI instances).

After the hearing, the DMV officer will render a decision that could uphold the citation and associated fines, lessening the seriousness of the penalties. The DMV officer could dismiss the charges if your defense is strong enough.

Your driving rights will be negatively affected if you do not request a DMV hearing after getting a traffic ticket. Most notably, there is an inevitable possibility of a suspended driver’s license. The DMV imposes the specified suspension time, thus taking away your driving privileges, if you do not get to fight the ticket or suspension in a DMV hearing.

You will also no longer be able to challenge the violation and possibly avoid the suspension entirely due to this lost opportunity. You give up the chance to offer evidence or defenses that could prove your innocence or call for a lighter sentence. You still have the option to file an appeal with a superior court, although doing so will likely be more complex and less advantageous for you. Unlike DMV hearings, superior court appeals usually carry a higher burden of proof, making the suspension harder to overturn.

If you follow specific procedures, you could eventually be able to get your driving privileges back. However, the precise requirements could change depending on the nature of the first offense. Some of the steps involved in reinstatement include:

• Completing a DUI program — It is often mandatory to enroll in and complete a DUI program approved by the California Department of Alcohol and Drug Programs (ADP), particularly for suspensions linked to DUIs.
• Submitting an SR-22 Insurance form — You must submit an SR-22 form to the DMV, proving that your liability insurance coverage exceeds the state’s requirements. SR-22 filings usually stay active for several years, depending on the nature of the violation.
• Pay a reinstatement fee — The DMV will charge you a reinstatement fee of $125. You will have to pay to regain your driving privileges.

In some situations, the DMV could mandate that you put an ignition interlock device (IID) on your car, especially if you have a history of DUI charges or serious infractions. This device prevents you from starting your vehicle unless your blood alcohol concentration (BAC) is below a certain threshold.

DMV Hearings

A DMV DUI hearing is an administrative procedure. It differs from any criminal court action related to your DUI arrest. The goal of the hearing is to determine the possible impact on your driving privileges, namely the possibility of license suspension due to the DUI arrest.

Hearing officers systematically examine the available data to address key questions:

• Driver identification — Did you drive the car at the time of the citation?
• Probable cause for stop — Was there a good reason for the arresting officer to start the traffic stop?
• Lawful arrest — Did the arrest follow all applicable procedures?
• Chemical test results (DUI Cases) — The hearing thoroughly reviews the validity of the test. It verifies if the blood alcohol content (BAC) exceeded the permissible limit in DUI arrests requiring breathalyzers or blood tests.

DMV Hearings vs. Court Proceedings

Criminal court proceedings differ significantly from DMV hearings in several ways:

• Rather than deciding guilt or innocence, which is the primary goal of criminal court procedures, the focus of DMV hearings is on the administrative implications of a traffic offense. These include license suspensions and driving points.
• In DMV hearings, the burden of proof is less than in criminal court trials. However, you have to prove your case to avoid having your license suspended. However, you do not need to establish your case beyond a reasonable doubt, like in a criminal court setting.
• Legal representation can significantly increase your chances of success at a DMV hearing, even though it is not required.

Unlike courts with judges, DMV hearing officers preside over proceedings in DMV hearings. They decide whether the evidence presented warrants a license suspension or a point deduction.

The DMV hearing setting highlights its administrative character even further. Usually, these hearings occur in a specific DMV office for scheduling and convenience. In certain instances, the hearing could be held over the phone to further expedite the procedure. This informality highlights the less formal but no less serious aspect of a DMV hearing by contrasting it with the formality of courtrooms.

The Burden of Proof in DMV Proceedings

The Department of Motor Vehicles (DMV) bears the exclusive burden of proof in routine traffic violations and DUI-related DMV hearings. A preponderance of the evidence requirement is required to prove their case, which is less stringent than the criminal court’s “beyond a reasonable doubt” level. In essence, the DMV must persuade the hearing officer, presumably using police reports, witness accounts, or breathalyzer test results, that there is a reasonable suspicion that you committed the DUI violation.

This does not mean that you cannot defend yourself. Although the DMV has the burden of proof, you can refute their claims. You are free to offer your supporting data and refutations. This could entail:

• Presenting extenuating circumstances.
• Presenting alternate explanations for your behavior, or
• Contesting the breathalyzer test’s accuracy.

Your Rights in a DMV Hearing

You have rights during the DMV hearing under California law. Among them are the following:

1. Representation

You can represent yourself. However, it is best to seek legal assistance. Unlike criminal proceedings, where you have access to a public defender, you will have to hire one at your own expense for a DMV proceeding. An attorney can significantly increase your odds of a favorable outcome because you can better navigate the legalities, skillfully present your case, and even negotiate a positive outcome.

2. You Can Review and Challenge Evidence

The DMV is required to provide any evidence they plan to use against you, including police reports, witness testimonies, and breathalyzer results, before the hearing. During the hearing, you can contest the veracity or admissibility of this evidence.

3. Presenting Your Case

You can present your supporting documentation and points of contention to challenge the DMV’s case. This could include witness statements, pertinent records, or justifications for the purported infraction. You can also subpoena witnesses to the hearing.

4. Cross-Examination

If the DMV presents witnesses, you can cross-examine them to cast doubt on their memory or the integrity of their testimony.

5. Hearing Arguments and the Decision

You have the right to stay in the room the entire time so you can listen to the arguments made by all parties. After all parties have presented their facts and arguments, the DMV hearing officer will rule on your case.

6. Appeal Option

If you are unhappy with the ruling, you can appeal to a higher court. The appeal procedure can be more complicated and usually entails a greater burden of proof.

Defenses You Can Use in a DMV Hearing

You can challenge the penalties in a DMV hearing through various defenses. The following are some of them:

1. The Stop Was Unjustified

The main goal of defending against an unreasonable stop in a DMV DUI hearing is to question the validity of the original traffic stop that resulted in your arrest. Results from a blood test or breathalyzer test could be considered inadmissible evidence if the police have no reasonable suspicion to pull you over. This can strengthen your position during the hearing and seriously impair the prosecution’s case.

Your attorney could focus on the following essential components:

• Probable cause — For a traffic stop to be lawful, the officer must have reasonable suspicion that you were breaking the law. Examples of this include driving too fast, swerving, having a broken taillight, and showing indications of intoxication.
• No probable cause — You can argue that the stop was unwarranted if you were not speeding, swerving, or acting in a way that would lead to a reasonable suspicion of driving under the influence.
• Evidence suppression — Any evidence directly from the stop, like witness accounts and breathalyzer test results, could be suppressed if the stop is illegal. As a result, the DMV cannot utilize this information against you.

2. You Were Not Impaired

Using a “no impairment defense” can be a viable approach in your defense if you maintain that you were not intoxicated when you were arrested. This strategy immediately refutes the prosecution’s primary claim, which is that you were operating a vehicle while intoxicated.

Presenting evidence that establishes your sobriety at the time of driving is necessary for this defense to be effective. There are several ways to present this evidence.

If you passed the field sobriety tests the officer gave, these may be helpful. Remember that these assessments are subject to dispute and are not infallible.

Testimonies from occupants or onlookers who witnessed your typical conduct before, during, and following a drive can greatly bolster your argument. It can also be helpful to present medical records that describe an illness that mirrors the symptoms of intoxication. You can offer another explanation for the events, like having one drink with supper hours before driving, even if you did drink.

3. The Officers Improperly Administered the Chemical Test

If you feel that the chemical test that was performed in your case was not done correctly, you can use California’s Title 17 as a defense in DMV DUI proceedings. Title 17 establishes stringent guidelines for administering breathalyzers or blood tests in DUI investigations. These procedures include:

• Using trained technicians.
• Making sure the testing apparatus is correctly calibrated and
• Keeping a recorded chain of custody for blood samples.

If there were any violations of these set processes when administering the test, you can contest the validity of the test findings during your DMV hearing.

Carefully examine the police report for discrepancies or omissions about the test procedure to construct a case based on faulty test administration. You should seek legal advice from a traffic violation specialist. Their knowledge will help you examine your case’s particulars and locate any possible Title 17 violations that could strengthen your defense.

The test results could be inadmissible as evidence if the DMV determines that the tests were administered incorrectly. This can seriously undermine the prosecution’s case and result in the DUI charges being dropped or the penalties being lessened.

4. You Have a Medical Condition Which Can Mimic Intoxication

Exceeding the legal blood alcohol content (BAC) level is important in a DUI arrest in California. However, other medical problems can mirror the signs of intoxication, which could result in an unintentional arrest. You can bring up a medical issue as a defense at your DMV hearing if you believe it was mistaken for intoxication during your DUI arrest.

Irregular speech patterns, dizziness, and trouble balancing are examples of medical diseases like diabetes, inner ear infections, and even some drugs that can create symptoms similar to intoxication. You need a statement from a licensed doctor and a well-documented medical history to employ this argument successfully. This documentation should unequivocally demonstrate that the symptoms seen were caused by a medical condition rather than alcohol or drugs.

Obtaining medical records describing your health and comments from your physician explaining the possible connection between your condition and the misdiagnosed symptoms are essential to compiling a strong defense. Corroboration from witness testimonies taken during the arrest that attest to your regular behavior can also be very helpful.

5. You Were Not the Driver

Challenging the penalties goes beyond disputing intoxication. You can argue that you were not the driver at the time of the alleged offense.

The core argument of the “not the driver” defense is that you were not operating the vehicle. Strong evidence is essential for success. Eyewitness statements attesting that you were not operating a motor vehicle are reliable. Evidence of where you were when the incident occurred, like receipts or security footage, can significantly strengthen your case.

Further, providing proof of ownership from someone else could also be beneficial if you were not the car’s original owner.

Outcomes of a DMV Hearing

One of two main results arises from California DMV hearings, depending on the traffic violation and the hearing officer’s ruling.

In the event of a good outcome, your driver’s license remains unaltered. The hearing officer will dismiss the case, resulting in no suspension or points added to your record. Alternatively, the officer could lower the DMV’s initial suggested penalty. This can entail:

• Going to traffic school instead of a lengthy punishment.
• Receiving less points on your driving record.
• Serving a shorter suspension.

Adverse consequences can also occur. If the DMV establishes the offense, the most frequent penalty is a license suspension. The seriousness of the violation and your prior driving history directly impact the duration of the suspension. The DMV could take points off your license even without suspension. Accumulating excessive points can eventually lead to suspension, so these deductions should not be disregarded.

A few of the DMV penalties in California connected to DUI offenses include:

• Underage DUI if your BAC is 0.01% or higher — If you are under 21, you could face a minimum one-year license suspension for each DUI offense. These penalties reflect a stricter standard compared to adults.
• Standard DUI if your BAC is at least 0.08%:

1. If this is your first offense, you could lose your license for four months.
2. A minimum one-year suspension applies to each subsequent offense.

• Refusing a Chemical Test:

1. You will have your license suspended for a year for the first violation.
2. Revocation of license for two years is the penalty for a second violation.
3. You risk having your license revoked for three years for a third offense.

Recall that these are the standard punishments. The severity of any DUI-related accident, your past driving record, and the existence of injuries can all affect the final penalties you face.

There are other options to think about. Sometimes, the DMV might grant a restricted license after serving part of a suspension. This permits you to drive your car with an ignition interlock device (IID) placed for certain times only, such as when you have medical appointments or employment. If your breath alcohol concentration (BAC) is higher than a certain threshold, this device will not allow you to start the vehicle.

Appealing the DMV Hearing Decision

There are two ways to appeal a decision from a California DMV DUI hearing if you disagree with it:

• Departmental review — You can request that the DMV reexamine your case. The evidence from the initial hearing is the only basis for this internal review, which is less formal and usually less costly than a judicial appeal.
• Superior Court Appeal (writ of mandate) — You can request that a judge hear your matter in the California Superior Court. Unlike in a departmental review, you can present new information in this case. However, the burden of proof and filing fees is much higher. They can range from $2,500 to $3,500.

After your hearing, you will receive precise instructions and deadlines for appealing the DMV’s decision in writing. This is an important document that outlines your rights to appeal, the time constraints (usually 30 days from the day the suspension or revocation took effect), and the fundamental steps involved in each type of appeal.

Find a San Diego DUI Defense Attorney Near Me

DMV hearings can be intimidating. You could feel unprepared due to the difficulties involved in the legal system and the possible outcomes of a DUI arrest. However, you do not need to handle this by yourself. A traffic violation specialist lawyer can provide priceless advice and support at every stage.

Having knowledgeable legal counsel can significantly impact how your DMV hearing goes. An attorney is familiar with the nuances of these procedures and knows how to refute the charges against you for DUI. They will carefully examine every detail of your case, identify holes in the prosecution’s evidence, and create a strong defense plan for your situation.

Get in touch with the Law Offices of Anna R. Yum right to set up a consultation and discuss the particulars of your case. Contact our San Diego DUI attorneys at 619-493-3461.