Oftentimes the DMV will send out a notice of suspension when a DMV hearing has already been set. Why is this? When you were arrested and released the officer filled out Paperwork and sent it to the DMV regarding the details of the incident. This is called the “Officer Statement” and DS367. Sometimes the officer fails to check the right boxes that he gave you a copy of the notice of suspension and when this happens the DMV will send out a new notice to ensure the driver was actually served with the paperwork. The problem originates from the fact that there are two different offices handling the case. One is the local Driver safety office where the arrest took place. The second is Sacramento Main Office where the paperwork gets sent after the incident.
When you hired us as your lawyer and we set up the DMV hearing with the local office the suspension was stopped and stayed pending that hearing. The second notice that you got comes from Sacramento because they don’t bother to check as it is all done electronically.
What does this mean for me? You don’t need to do anything. The new notice is just a duplicate and your driving privileges remain in effect because the attorney already set up a formal hearing. The whole thing is another example of the government not being efficient and one hand not knowing what the other is doing. The California Department of Motor Vehicles is a huge bureaucracy and this type of thing is common. As your attorney we are handling everything and appreciate that you let us know about the correspondence though as sometimes there are legitimate issues that need to be addressed, fortunately this is not one of them. Thank you again for retaining our Law Firm to defend you in your DUI case.
