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Recent Posts in DMV Hearings Category

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DMV Wins.

We won two DMV hearings in DUI cases last week on the same issue. Both clients had .09/.10 breath test results. In both cases, our toxicologist, Henry Greenberg testified that he believed that the ...
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DMV Win in Under 21 Case

The DMV in California has a zero tolerance policy for under 21 year olds who drink and drive . Any measurable amount of alcohol leads to a mandatory one year license suspension for a first offender. ...
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DMV Hearing and Police Testimony

At a recent DMV hearing in the El Segundo Driver Safety Office , the hearing officer had issued a subpoena for the arresting officer to attend for testimony. The reason for the testimony was that the ...
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DMV Hearings in DUI Cases. New Policies.

I was informed by a DMV hearing officer in EL Segundo recently, that any decision to set aside a suspension in a DMV case must now be reviewed with the Office Supervisor before the decision is ...
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Right to an Attorney following DUI Arrest

Following a lawful arrest for Drunk Driving in California , the law says that a suspect does not have the right to speak with an attorney before deciding whether to submit to a chemical test to ...
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DMV Win in Refusal Case

I received an Order of Set Aside today following a DMV Hearing for a client who allegedly refused to submit to a chemical test. The Licensee had been pulled over for weaving into opposite lanes of ...
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Breath Test Cases and 15 Minute Observation.

Sometimes police officers surprise you with their honesty. I had a DMV Hearing in Commerce, Los Angeles this week at which the arresting officer was required to testify. This was essentially a fishing ...
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DMV Fitness Hearings Based on Age

I was informed yesterday by a DMV Hearing Officer in Irvine, Orange County that he has experienced a significant increase in the number of cases referred to the Driver Safety Office by the police for ...
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What constitutes a "refusal" for the DMV?

A failure or refusal to submit to a chemical test following a lawful arrest for DUI in California leads to a license suspension for between one and three years. The question then, is what constitutes ...
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Winning the DMV Hearing

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 ...
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Do I need an SR22?

An SR22 is a form sent to the DMV head office in Sacramento by your insurance company. The form acts as proof of insurance. It is required in the event of a suspension as a result of a DUI conviction, ...
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Out of State License

I have been consulted by a number of clients recently who have been arrested for a DUI while driving on an out of state license. Some have misunderstood their obligations in relation to the DMV in ...
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DMV Appeals

In order to try and avoid a suspension of driving privileges following a DUI arrest , it is necessary to contact the Driver Safety Office of the DMV within ten days to request a DMV Hearing. The ...
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Refusal following an Accident

I was at the El Segundo driver safety office this week with a client who had been involved in a serious accident. She had suffered serious personal injuries including a head injury which resulted in a ...
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How "departmental" is the Department of Motor Vehicles?

Although the "mission statement" of the California DMV professes an aspiration to do "justice" to the needs of, and administrative actions against, California's licensed drivers, in fact, the ...
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DMV, Refusal to Submit to a Test and Confusion.

I received a call today from a potential new client who was facing a one year suspension of his privilege to drive in California because of his alleged refusal to submit to a blood test following a ...
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The weird world of the California DMV Adminstrative Per Se Hearing

If you've been arrested for drunk driving or dui in California , you will soon discover the State has "two bites of your apple": a court action threatening you with jail time and a DMV DUI ...
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License Suspension periods for DUI

On a first conviction for DUI in California, the mandatory actions department of the DMV in Sacramento will impose a six month license suspension for the conviction . This is dated from the date of ...
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Accidents, License Suspensions and DMV

Dealing with the DMV in California can be an extremely frustrating experience. Unfortunately, DMV clerks tend to be very confident that their opinion about the law is correct when infact, they are ...
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Accidents and DMV Suspensions

Pursuant to Section 13800 of the California Vehicle Code, the DMV has broad power to suspend a persons privilege to drive following a serious traffic accident . The DMV may conduct an investigation to ...
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What is an SR22?

An SR22 is a form sent by your insurance company to the DMV to show proof of insurance. It is required following a DMV suspension for a DUI and before the DMV will consider reinstatement on a ...
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Critical Need to Drive for persons under 21

After the DMV has suspended the driving privileges of a person under the age of twenty one for driving with alcohol in their system, it is possible to submit a petition for a "critical need license". ...
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DUI Acquittal and DMV

Normally, the Court and DMV proceedings in DUI cases are entirely seperate and the results of the DMV and the Court case do not impact each other. However, there is one very important exception to ...
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DMV Refusal Hearings

Following a lawful arrest for DUI, a licensee is under an obligation to submit to a chemical test. The licensee has the choice of blood or breath. Urine is no longer a choice unless the DUI is based ...
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Proof of time of driving in DMV cases.

I won a DMV hearing in El Segundo Driver Safety Office, Los Angeles today on an issue that I have argued on a number of occasions before without success. Finally I found a DMV hearing officer who ...
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