In any DUI case, your drivers license is mechanically postponed for four months (with a one month "stay" ). I have personally handled masses of these DMV hearings for my clients. of Motor Vehicles (DMV) is critical to get your drivers license back. Please note this hearing is totally separate from the criminal court events in your DUI case. Driving on a postponed license is a criminal offense with minimum jail sentences, so obviously every effort should ne made to get back your driving privilege. A new non-permanent drivers license will be issued outstanding the results of your DMV hearing.
Was there likely cause for the initial stop? 2. Were you lawfully arrested? And Were you driving with .08% or more of blood alcohol?
The excellent news is, if you prevail in even one of the previous questions at your hearing, then your drivers license will be returned and the original suspension permantently set aside. You have nothing to lose and everything to gain by preparing for a DMV hearing and, with help from competent legal recommend, offer a defense on any or all of these questions. In addition to the many DMV hearings that I have handled, I have prepared numerous Writs of Mandamus to attack bigoted DMV decisions in which the client's drivers license suspension was wrongfully sustained by the DMV. Such a Writ (which is an application to the improved Court to have an adverse DMV decision in your case reversed) is your only recourse to having the suspension sustained. I have helped other counsels in this difficult and arcane area of the law.
Preparing and offering a defense in a DMV hearing is a complicated and legally classy matter, and you'll need a good criminal defense lawyer to accomplish this. I will be able to my many years of experience in protecting clients at the DMV to bear on your case.
1. 2. 3. Collision without insurance, 4. Too many tickets (points), and 5. Failure to appear in court / failure to pay fine
If you're faced with a Drivers License suspension for any reason, contact me (Mike Ross - San Francisco defense attorney) immediately so that we may discuss the specific facts of your case as the relate to how to regain your Drivers License.
