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What You Might NOT Know About DMV Hearings

By Walin & Klarich

Tips From a DMV Attorney Many people arrested for a DUI do not demand a DMV hearing in California within the required time limit and the result is that their driver?s license is suspended. Some people think that you have a choice between having a DMV hearing and having a Court hearing. In fact, you have both. You MUST request a DMV hearing within 10 days of arrest or your California Drivers license will be suspended. The DMV has what is called the "burden" at the hearing. They must prove by a preponderance of the evidence that the answer to three specific questions is, ?Yes.? The DMV Hearing Officer will attempt to enter the sworn statement of the arresting officer and other evidentiary documents into the record at the DMV hearing. A fundamental step by a DUI/DMV defense attorney is to attempt to prevent the driver's license suspension by making formal legal objections to these documents from being admitted into evidence at the hearing...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 08, 2009 (boomark / email).