How Can I Win a DMV Administrative Per Se Hearing After my DUI Arrest?
The scenario goes something like this: You get arrested for DUI. Your world is suddenly upside down. Your driver’s license was taken by the cops and you have a pink sheet of paper that you can’t read. You have a court date in a few weeks and you don’t know what to do.
Well, you do what everyone else does and search Google for lawyers and legal advice. You talk to one lawyer, 4 sales reps for lawyers and one legal secretary. They all tell you, to varying degrees, that time is of the essence, and you need to hire them to help. The one lawyer you spoke to makes you feel like there is so little hope that you shouldn’t even bother asking for a DMV hearing.
What’s the truth?
The truth is that statewide, the vast majority of DMV hearings are lost. However, these large numbers include the people who never bothered to call the DMV to set a hearing. These numbers also include the people who do not hire a lawyer and try to handle the DMV hearing on their own. Bad plan. You wouldn’t attempt dentistry on yourself, would you? Don’t practice law without a license either.
Can a lawyer make any difference?
The right lawyer can make a difference even in the kangaroo court of DMV. The process is fairly simple. The first step in trying to win a DMV hearing is simply setting the hearing within the time constraints. Next, we review the discovery or reports and evidence sent to us by DMV. We then get any additional needed documents and evidence by way of subpoena.
If at any step along the way the DMV or law enforcement faulters, we can ask to have the hearing set aside. Sometimes it actually works too.
Once all the evidence comes in, we assess it and try and find a way out. Can the DMV establish the time of driving? Was the test within three hours of the driving? Was there lawful cause for the stop? Was there probable cause for the arrest? Was there a proper admonition for a refusal allegation? Are there any problems with the testing protocols? Do we need to subpoena any of the cops to testify at the hearing? Does the client have anything to add to the evidence? Finally, is there any legal basis for a writ a.k.a. an appeal to a real court?
It’s true that we lose a lot of the Administrative Per Se hearings. Anyone who tells you otherwise is lying. But, if you don’t fight, you can’t win. Set you DMV hearing or have your lawyer set it for you. Get the discovery. All of it. Even if we lose the DMV hearing, sometimes we can find issues to help us in the court case.
If you or someone you care about has been arrested for DUI or is facing another type of DMV suspension, like lack of skill or negligent operator, call me:
Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340
Email me at: jv@4criminaldefense.com or visit my sites for more information: