When a person is arrested and booked on DUI charges, he/she has the option of scheduling a hearing with the DMV. The DMV hearing takes place to determine whether the individual’s driving privileges will be suspended or revoked. At the time of the arrest, the law enforcement officer will confiscate the driver’s license and issue a 30-day temporary driving permit. The DMV hearing provides the driver and his/her attorney with the opportunity to fight for driving privileges by presenting their own facts and witnesses, and challenging opposing evidence and testimony.
DMV hearings must be scheduled within ten days of the arrest, or the individual loses his/her right to a hearing, and his/her license is automatically suspended for four months. If a DMV hearing is scheduled within the allotted time frame, the driver’s license will not be revoked or suspended until a decision is made at the hearing.
It is important to remember that a DMV hearing is not the same as the criminal trial. The DMV hearing only has jurisdiction over the defendant’s driving privileges; the criminal trial determines if the driver is innocent or guilty of committing the criminal act of DUI or DWI. The outcome of the hearing has no effect or influence on the outcome of the criminal trial. A driver found innocent at the hearing can still be found guilty in court and vice versa.
Contact Los Angeles DUI defense Attorney
If you have been arrested and charged with a DUI, it is important to schedule a hearing with the DMV. People often make the mistake of defending themselves at their hearing. This is never advisable. Hiring the services of an experienced DUI defense attorney to represent you at your DMV hearing can greatly increase your chances of a success.
Our attorneys handle DUI cases throughout Los Angeles and the San Fernando Valley to include the following cities and courts:
At the Hedding Law Firm, our attorneys are well-versed in DUI law and policy. The attorneys at the Hedding Law firm have represented hundreds of individuals in Los Angeles at their DMV hearings, and know the best way to approach your case to protect your rights. We can schedule your hearing, assist you with filing important documents, and aggressively represent you in court and at your hearing. If you are in need of a Los Angeles DUI defense attorney, contact the Hedding Law Firm today! |