Many of our DUI clients do not know that it is up to them to schedule a DMV hearing within ten days of their arrest, including weekends. If a DMV hearing is not scheduled, it can lead to automatic license suspension, without a chance to be heard.
The DMV hearing is a completely different proceeding from the Criminal court proceedings. The evidence is different, and heard by two different decision makers, and the issue that is being decided is also different.
During a criminal proceeding, the case is brought by the government, represented by a Prosecutor. The Judge is to determine whether there is enough evidence to find the driver to be driving while intoxicated. Both sides will present arguments, and evidence (usually the officer's report and the alcohol screening test reading) before the judge determines a sentence if the driver is convicted of a DUI.
A DMV hearing does not have a Judge or a Prosecutor and is an administrative hearing. The DMV hearing is with the driver and a DMV officer and can be done over the phone. The officer will review the officer's report and the Alcohol Screening test reading to determine an appropriate suspension or revocation of a person's license. The driver, or an attorney on their behalf, also has the time to present an argument and a defendant to reduce or dismiss suspension or revocation.
A Los Angeles criminal defense attorney is able to represent you in both types of hearing. An experienced Los Angeles DUI attorney has represented thousands of clients in DMV hearings as well as Criminal court proceedings. They can fight for your rights and protect your driving privileges and help keep your criminal record clean.
