Protecting Your Driver’s License
Whether you are fighting a DUI, have too many points on your record, or are facing a hearing for a traffic accident or offense, having legal representation on your side is of the utmost importance. Any traffic offenses could lead to a license suspension or revocation, threatening your ability to get to and from work or school. Fortunately, with a team of experienced defense attorneys on your side, you can create a legal defense strategy to keep your license and avoid further penalties.
Our team at the DUI Defense Group has years of combined experience defending clients from DUI charges and other traffic offenses. We know exactly how these DMV hearings are handled, and we can create a legal defense strategy to protect your rights in and out of court. Please don’t leave your freedom and your future up to chance. Contact our experienced defense lawyers today for a free consultation by calling 866-927-3295.
What is an Administrative Per Se Hearing?
If you are arrested for a DUI in California, you will receive a notice of license suspension and a temporary license once you are released. You only have ten days from the date of your arrest to file a request for a DMV APS hearing. This hearing challenges a mandatory license suspension.
A DMV APS hearing is separate from a criminal DUI hearing, as it is an optional hearing not every offender requests. If you do not contact the DMV within ten days of your release, you lose your right to an APS hearing, and your license will automatically be suspended.
The California DMV will consider the following questions during an APS hearing:
- Was the individual driving a motor vehicle?
- Did the officer have probable cause to make the traffic stop?
- Was the individual driving with a blood alcohol content (BAC) of 0.08% or higher?
- Was the individual arrested lawfully?
If the court finds that the answer to all of these questions is yes, your license will be suspended. Our team can provide representation to ensure that one or all of these answers are called into question. The outcome of the APS hearing has no bearing on whether or not you will be convicted of a DUI charge.
What is a Negligent Operator Hearing?
While DUI DMV hearings are common, there are also a handful of non-DUI-related DMV hearings you may be a part of. If you have accumulated too many traffic points because of traffic violations, the California DMV may classify you as a negligent operator. Negligent operators may get their licenses suspended after accumulating a certain number of traffic points. In most cases, traffic infractions count as one or two points, and you can request a hearing when you accumulate four points in a single year, six points in two years, or eight points in three years.
If you have had your license suspended, you can appeal this decision by requesting a negligent operator hearing. Our team can put all the reporting requirements and the evidence against you into question. Similarly, we can provide evidence in your favor during this administrative hearing.
If you are involved in a fatal accident or cause an accident that leads to severe injuries, the DMV may also label you as a negligent operator. Even if you don’t have any traffic points on your record, a serious accident can lead to an automatic license suspension. If you are facing a license suspension because of too many traffic points or an accident, contact our law firm today for more information.
What is a Mature Driver or Medical Reexamination Hearing?
The California DMV has the ability to investigate a senior driver’s ability to operate a motor vehicle. The DMV may do this if they question an individual’s physical or mental condition because of a poor driving record. It can be devastating for elderly individuals to lose the ability to drive, as it can feel like a loss of control and freedom in their lives.
The DMV will receive information from several different sources before this hearing, including:
- Your physician or surgeon. Medical professionals are required by law to report certain conditions, including Alzheimer’s disease or other diseases that cause loss of consciousness or control.
- Emergency medical personnel. Personnel may have seen an elderly individual in an emergency facility due to a loss of consciousness or control.
- Law enforcement officers. Police may have stopped an individual due to unsafe driving.
- A Request for Priority Reexamination from a peace officer. Peace officers observe driving abilities and may determine that an individual is unable to drive.
Can You Appeal a DMV Decision?
Even if your license is suspended after a DMV hearing, you can request a review of the decisions or submit an appeal. These requests must be made within a certain time period, and our team can help you submit them in a timely manner to ensure you can get your license reinstated.
A departmental review and an appeal in a superior court have the ability to grant you your driving privileges, but only with the help of an experienced legal team on your side. Contact our team today if you would like to appeal the DMV’s decision.
How Can a Defense Attorney Help Me?
Having your license suspended could disrupt your ability to remain employed or in education. With the help of the DUI Defense Group, you can attend a DMV hearing to have your license reinstated and retain the ability to drive, even after a major traffic violation. If you want to keep driving after a DUI, traffic violation, or serious accident, our team can help you. Contact our office for a free consultation at 866-927-3295.