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Video: Orange County DMV Hearing Information
A DUI conviction can mean jail time and will remain on your record for years after the legal process is over. However, these are not the only serious consequences you may face if you are arrested for DUI. At the time of your arrest for DUI in Orange County, the vehicle operator will have his or her license confiscated by a law enforcement officer. This police officer will issue the driver a temporary operator’s permit, which is good for 30 days. Once the 30 days has lapsed, the operator’s driving privileges will automatically be suspended by the state. To avoid having a driver’s license suspended, the person charged with driving under the influence must successfully contest the DMV’s Administrative Per Se Hearing at the DMV’s Driver Safety Office. If no request for hearing is made within 10 days of the driver’s arrest, the right to a hearing is waived and the suspension is entered by default. If you have been arrested for DUI in Newport Beach, Irvine, or any other city in Orange County, California, speak to a defense lawyer as soon as possible to discuss your case.
Orange County DMV Hearings Attorney Representing Clients
Administrative Per Se hearings (APS) are conducted and heard by DMV employees called hearing officers. The hearing officers serve dual roles in the hearings. First and foremost, the DMV representative acts as a prosecutor. This means the DMV representative will present evidence which supports the petition to suspend the driver’s license and argue that the person charged with drunk driving should not have his or her driving privileges reinstated.
Secondly, the representative from the DMV serves as a judge, rendering a final ruling after reviewing the evidence. The decision can only go two ways: set aside or upheld. If the petition is upheld, the driver is notified by mail that he cannot drive at all for at least 30 days. If the petition is set aside, the driver’s license card is returned to the driver and a hard suspension period (no driving whatsoever) is never imposed (for those over 21), even if subsequently convicted of DUI in court.
Self Representation in DMV Hearings
Some drivers opt to defend themselves against the DMV instead of choosing to work with experienced lawyers. This is known as pro se or pro per litigation. Self representation is always a bad choice and is not recommended for any client. This is such a bad decision that the law requires judges to inform criminal defendants of how disadvantageous it will be. Courts also usually require defendants to sign a written waiver to proceed without an attorney.
Unlike in court, the DMV is not required to explain how unsuccessful self represented drivers are in defending APS actions. Because individuals who represent themselves are not familiar with the proceedings or the laws, they almost always lose, and sometimes make matters worse leading to much more severe punishments and suspensions. Instead, an Orange County DMV hearings attorney can greatly increase your chances of obtaining a result that you are happy with. It’s in your best interest to contact an experienced criminal defense attorney in Orange County for legal advice as soon as possible.
Orange County and DMV Hearing Officer.
DMV hearings are administrative in nature, meaning that the protections of due process of the law are minimal, the burden of proof against the driver is very low, and the entire system is set up to quickly suspend drinking drivers without investing too many resources. The scheme ostensibly protects the public by swiftly getting drunk drivers off the road. This means that the chips are stacked high against any driver facing suspension by Department of Motor Vehicles in an APS action. The hearing offices are not “your friends” and will use every opportunity to take your license! Professional help is necessary to have a chance of surviving this process with an intact driver’s license. An Orange County DUI lawyer can fight for your rights every step of the way.
Hire an Orange County DMV Hearings Attorney
The Law Offices of Todd Landgren will zealously represent you at these hearings. There are many “loop holes” and technicalities that must be exploited in order to win the hearing. With over 3,000 DMV hearings to their credit and countless hours of preparation, an Orange County Department of Motor Vehicles hearings attorney will provide you with the best chance to win the hearing and most assuredly, prevent you from making matters worse. Call the Law Offices of Todd Landgren and you will receive an honest evaluation of your chances of winning the hearing and an explanation of how the hearing can be used by Orange County DMV hearings attorney to better your chances in the court proceedings. Or, visit the contact us page on this website to tell us more about your charges. The attorneys at our firm have years of experience representing clients who are facing license suspension and have the knowledge it takes to achieve the best possible outcome for your case.