DMV Hearing – Do You Need A Lawyer?
- February 2, 2016
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Drivers who are arrested for being suspected of drunk driving are typically given a notice saying they should report to DMV to book a hearing in the following ten days. This procedure is extremely important as well as the deadline, because the hearing can allow the driver to keep their driving privileges. Failing to schedule the hearing or failing to make an appearance automatically entails driver license suspension.
The DMV hearing is an administrative hearing that is completely separate from the criminal case hearing in court that the defendant will have. It’s both completely separate and unrelated – the findings in the DMV hearing have no bearing on the court hearing, nor does it go the other way around. What that practically means is that the defendant has to prepare two strong cases – for the DMV hearing and the criminal one. The arguments and evidence will not be transferred from one hearing to the other, nor will the ruling.
To illustrate this, we can take an example. Neil was charged with driving under the influence with a blood alcohol concentration of 0.1. Neil retained the services of an experienced DUI defense attorney in Los Angeles and appeared for the criminal case hearing. His case was dismissed for lack of evidence. However, his DMV hearing was a different story. There it was concluded that he should have his license suspended for 30 days.
You are not required to have a legal representative with you at the DMV hearing, but you are strongly advised to, because that could ensure you don’t experience the inconvenience of having your license suspended.
The DMV hearing appearance is not simple by any means, even though there is no judge. It is at least equally important as the criminal court one. The defendant has to present their arguments, defense and case. Having professional legal support highly increases the defendant’s chances of keeping their license. The defense has the right to interrogate the arresting officer and present evidence and their own testimony that question the officer’s statements and the arresting procedure.
An expert DUI defense attorney in Los Angeles can help the defendant best with making the testimony and contesting the arrest. The lawyer’s knowledge of legalities makes them able to question the lawfulness of the arrest, which can lead to a case dismissal or penalty reduction.
The best DUI defense attorney Los Angeles
If you have been arrested for DUI, it is in your best interest to be mindful of the 10-day deadline to schedule a DMV hearing. Ensure the best chances for a positive outcome in your case by retaining the services of the best DUI defense attorney Los Angeles. Having professional legal help makes it more probable that your case will be dismissed or the penalty reduced and that you will keep you license and driving privileges. Contact Los Angeles DUI Pros right away for a free initial consultation and obtain the opinion of aggressive, ethical and experienced DUI lawyers in LA.