Sunday, June 5, 2011

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices located throughout the state. In Los Angeles County the hearing locations are as follows: El Segundo, Van Nuys, Downtown Los Angeles, Commerce and Inglewood. In Central CA the DMV hearings are held in Bakersfield, and in San Luis Obispo County the driver safety offices are in Oxnard, and downtown San Luis Obispo.  By statute,  DMV Hearings are very informal and do not involve a trained or elected Judge, rather they are presided over by a DMV employee known as a hearing officer. According to one Torrance DMV Lawyer, the hearing officers are not lawyers but they do have training in the proper procedures and relevant law that dictates how evidence is presented and what standard of proof is necessary to sustain a suspension of an individual's drivers license. The "dual role" of the hearing officer as both an impartial judge of the facts and as a prosecutor for the department has created the appearance of a conflict of interest, but the Courts have held this is acceptable, often to the dismay and disbelief of most lawyers that practice regularly at the DMV.

In addition to APS hearings, some examples of other types of DMV Hearings include: Negligent Operator Hearings that involve cases where a driver has too many points on their driving record; Fraud Hearings involving the misuse of a drivers license to purchase alcohol by those underage; and Medical and Skill Hearings that involve the issue of a person's ability to drive due to age improper use of drugs and various medical conditions. One DMV Hearing Attorney in Torrance relates that  DMV hearings can very often be beyond the scope of the ordinary citizen to handle and therefore the services of a skilled lawyer familiar with the rules and procedures can level the playing field and increase a persons chances of prevailing and saving their license.
The most important thing to know about DMV Hearings is that there is a time deadline to request a hearing, if that deadline expires you may not have a right to challenge the suspension at all.  If you or a loved one is facing a license suspension or pending DMV hearing, call Attorney Matthew Ruff, he has been defending clients at DMV Hearings for well over 15 years and can give you the legal advantage necessary to win the DMV Hearing. Contact him Toll Free at 1-877-213-4453 today, mention this article and recieve a free consultation.