“Admin Per Se Hearings”- DMV Hearing Part II

You are entitled to an attorney in these hearings, and you are entitled to present your case. The hearing officer can decide to suspend your license or reverse the suspension.

DEFENSES:

The following defenses that may be relevant in your case:

1.         NO PROBABLE CASUE TO DETAIN

In order to detain you, the officer must have a probable cause. For example, if you did not obey traffic laws and you were stopped.

2.         NOT DRIVING

There is no evidence that you were actually driving.

3.         OBSERVATION PERIOD

There is a requirement that the officer must observe you for at least 15 minutes before conducting a breath test. If there is a flaw in this requirement, then it may affect the results of the “BAC” and it could affect the result of your case.  

4.         FAULTY INSTRUMENT

The law requires that all instruments (Breath analyzers) must undergo an accuracy check.

5.         OTHER FACTORS

Certain foods or medical conditions may affect the “BAC” level. Such as having GERD, and certain diets.

6.         FAULTY PAPERWORK

It is required that the officer produces certain documentary paperwork accurately and timely. If there are fatal mistakes in those documents, the result of your hearing may be affected.

The hearing officer at the DMV hearing must find that you were driving a motor vehicle while impaired and with an illegal BAC. 

Depending upon the result of the hearing, either the hearing officer can set aside, that means that your driving privilege is not taken away, or suspend your license for some period of time.  In this case, if you are a first-time offender (DUI), then after said period of time, you can ask for a restricted license that will allow you to go to work, and school.

            Please note that, although the DMV Hearings are different than your Criminal proceedings for DUI, in certain cases, evidences that were obtained during the DMV Hearing, may assist your case in further dealings with  the prosecutor to get favorable result.

 

 For a free consultation to discuss your case with an immigration/ criminal defense attorney, call us today at (714) 619-9303 or contact us at Law Office of Sholeh Iravantchi, Esq.

 

The contents of this website are intended to convey general information only and is NOT intended to be a legal advice. No action should be taken in reliance on the information contained as it is a general information and not specific to your case. Furthermore, use of this Web site does not create an attorney-client relationship between the Law Office of Sholeh Iravantchi, Esq., and the user.