Was the individual informed that if he or she.If the hearing is based on a person’s refusal to submit to aīlood or breath test, the legal issues include: Or she had a BAC of 0.08 percent or more?
Dmv hearing office phone number driver#
Was the driver driving a motor vehicle when he.Was the individual placed under lawful arrest?.Did the law enforcement officer have reasonableĬause to believe that the individual was driving a motor vehicle in violation.Officer may inquire into the following issues: If the driver submitted to a blood test, the hearing Not attempt to establish whether or not the individual was actually guilty ofĭrinking and driving. It is concerned only with the driver’s continued privilege toĭrive and the circumstances surrounding the arrest. The DMV hearing is much different than the criminal aspect The individual can still be found guilty in criminal court. Likewise, the hearing officer may decide to set aside the suspension but Lose at the administrative hearing but be found not guilty in the criminalĬase. The administrative hearing and the criminal case. It is possible for there to be contradictory rulings in Right to appeal the decision to superior court.Ĭontact us today to request DMV hearing on your behalf for free.ĭepartment has the right to modify, rescind or pursue the action of suspending Right to request an administrative review of the decision
Right to be notified of a decision in writing Right to cross-examine the testimony of any witnesses presented by the Witnesses testify and to offer his or her own testimony in support of his or Additionally, he or she has the right to have He or she has the right to review the evidenceįrom the DMV and to challenge it. The beginning of the hearing, the individual is informed of the legal groundsįor the DMV’s planned action. If the individual requests a hearingīut does not attend it, the department will proceed with the case without the Individuals canĬontact the Driver Safety Branch Offices to schedule the hearing. Has ten days from receiving this notice to schedule a hearing. Them of the planned action against their driving privilege. Individuals arrested for DUI are often given a notice advising
Dmv hearing office phone number license#
If you have been arrested for drunk driving offense (DUI) in California, you must request a DMV hearing within 10 days after the arrest, or your driving license will automatically be suspended 30 days after the date of the arrest. The hearing is held in front of a Driver Safety Hearing Office of The hearing may take place in person or may be conducted over the Ten days of receiving notice of the action against the individual’s driving A person must affirmatively request a hearing within DMV Administrative Hearing BasicsĪn administrative hearing is an opportunity for a person toĬontest the DMV’s act of removing his or her driving privileges. Is the administrative case, which can lead to the loss of driving privileges.Įach of these cases has their own unique procedures, burden of proof and Of violating the law and be sentenced to jail, fines and probation. The first is the criminal case in which a person can be found guilty
When a person is arrested for DUI, there are two cases that