Thursday, September 17, 2015

Preparing For The Upcoming DMV Hearing In Your DUI Case

Anyone facing a DMV hearing for DUI needs to understand that there is always a substantial risk the Department will "rubber stamp" the conclusions made by the arresting officer.  Sometimes, even though the attorney may raise legitimate legal defenses and objections to the evidence the DMV may ignore those assertions and uphold the suspension based on the alleged blood alcohol level as reported by the breath machine or blood test. The good news is that we may be able to avoid an actual suspension and allow you to keep your license, at least for work, school, etc. The following is what you must do immediately to prepare for this outcome:

1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV.
This is done electronically directly from the company to the DMV. For help with
this contact your own insurance agent or call one of the companies that my past clients have used, see the attachments provided. One school of thought is that it is better to avoid getting the SR-22 from your primary insurer.  Here is what one insurance professional has to say about the subject: 

 "An SR22 is a certificate of insurance that the state of California requires all DUI offenders to obtain if convicted of a DUI. One of the biggest mistakes a DUI victim can make is calling their insurance provider to obtain an SR22. When you call your insurance company and ask them for an SR22, they automatically run your driving record. It is at this point that they discover about your DUI causing your rates to automatically sky rocket. An insurance company knows exactly why you need and SR22 filing and they are eager to use it against you."

  For help with obtaining an SR22, call an insurance professional or one of the experts below, let them know I represented you and they can explain the process in greater detail. It is best to do this prior to the hearing

I encourage my clients to compare prices with various providers for the best price.

Edgar Ruelas
Los Angeles Sales Manager Silver Coast Insurance Services 

Cliff Jones
Fresh Start Insurance Services, Inc.
Anaheim, Calif. 92807
Office-(844) 44-FRESH (37374)
Direct- (657) 220-9317
Mobile-(310) 529-1049

2. Start the enrollment process for the AB 541 alcohol education program. Understand that you may be required to complete a longer program depending upon the outcome in Court, however, the AB541 is the minimum required class and discuss the possibility of a longer program with the provider up front, such as a 9 month class in cases where your BAC was above a .15.
A complete list of first offender programs can be found at this site: California DUI Schools.

The program will file the enrollment with the DMV, confirm with them that they have done so. Let them know you want to "self enroll" in the AB541 for DMV purposes, that there is no Court disposition and you do not have any paperwork from the Court.

If you have additional questions feel free to contact Torrance DUI Attorney Matthew Ruff.

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