Los Angeles DUI Attorney Blog
Recent Blog Posts in February 2010 |
| February 09, 2010 |
| Winning the DMV Hearing |
| Posted By Gold & Witham |
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Avoiding a license suspension following an arrest for DUI is often the main priority for a client.
Winning the DMV hearing is also the most difficult aspect of
defending a drunk driving case. I always tell prospective clients that the odds of winning a DMV hearing are significantly against them, and only by retaining an
experienced DUI defense attorney do they have any chance at all of prevailing.
The DMV cannot take into account a licensee's need to drive or personal circumstances at a DMV hearing, so the plea "how am I supposed to get to work and take my kids to school?" is met with deaf ears at a DMV hearing. The only way to prevail is to find a legal or technical problem with the evidence in the case. This does not mean that it is necessary to convince the hearing officer that the licensee is not guilty of DUI, as DMV hearings can be won even with high blood alcohol levels and strong evidence of guilt. Winning issues can be as simple as a paperwork problem or the arresting officer failing to sign his sworn statement.
Sometimes the arresting officer can be your best friend at the hearing. I recently won a DMV hearing where the officer testified inconsistently about the circumstances of an alleged refusal to submit to a blood test. The officer clearly could not remember the facts, and repeatedly contradicted herself on cross-examination. This was a case where I had told the client from the beginning to expect a one year suspension, so the set aside was a pleasant surprise.
Most hearings however, result in a suspension and it then becomes a question of taking the steps necessary to re-instate driving privileges as quickly as possible. This normally involves enrollment in an alcohol education program and the filing of an SR22 proof of insurance with the DMV. |
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| February 04, 2010 |
| Restricted License on Second Offense DUI |
| Posted By Gold & Witham |
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The California Legislature has passed a law that would appear to make defendants convicted of a second DUI eligible for a restricted license earlier. The new law comes into effect on July 1, 2010.
Under the current law, a
defendant convicted of a second DUI offense within ten years is suspended by the DMV for two years. However, the DMV will allow restricted license privileges after one year subject to conditions. The conditions are that the licensee is enrolled in an 18 month alcohol education program, files proof of insurance on an SR22 form, installs in his or her vehicle an ignition interlock device and pays a re-instatement fee to the DMV.
Under the new law, the defendant would be eligible for a restricted license after completing 90 days of the two year suspension, subject to the same conditions as above.
However, the new law would only help defendants to re-instate their driving privileges early if they win the seperate DMV APS hearing. If the DMV hearing is lost, the local Driver Safety Office will suspend for a full year, seperate to the consequences stemming from the court conviction.
A restricted license allows driving to and from work and for the purposes of work.
In Los Angeles and Orange Counties, the loss of driving privileges for a year or more can lead to loss of employment and serious finacial consequences. Few people can afford a private driver or taxi fares each day, and public transport is often inadequate. However, the only way to avoid a suspension on a second offense is to win the DMV hearing and avoid a DUI conviction in Court.
If you are facing a prosecution for DUI and you have a prior
DUI or Wet Reckless conciction within the past ten years, please call Los Angeles and
Orange County DUI Defense Lawyers, Gold and Witham for a free consultation.
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