Tuesday, November 27, 2018

Why Was My DMV Hearing Postponed?

The purpose of the DMV hearing is to fight the suspension of your drivers license following a DUI arrest.  California law requires that the DMV suspend your license from anywhere from 4 months to 3 years depending upon the facts of the case and your driving record.  At the hearing the Department will consider the police report and other evidence submitted by the arresting officer such as the breath test results, blood test results or evidence that you refused the test and any other observations.

As your attorney it is my job to do everything I can to fight the suspension and keep you driving.  In order to do that I put together legal defenses and objections to the evidence submitted by the arresting officer.  I challenge every aspect of the case that can lead to winning the hearing.  Sometimes I have a conflicting Court appearance or another hearing that interferes with your hearing and for that reason a continuance is granted. In other cases a witness may be unavailable or unable to attend, this to can be a reason the hearing is postponed.  There are many reasons that can exist to cause the hearing to be continued to a new date.

When will the new hearing date be set?  Once a hearing is postponed it takes at least a couple weeks for a new date to be agreed upon.  The DMV contacts me and requests a certain hearing date and time and if that date is agreeable with my schedule it is set and you are notified by mail.

Is a continuance of the hearing beneficial?  Absolutely, when a hearing is rescheduled your license remains valid.  Also, the more time that goes by is more favorable to the client because if evidence is presented by way of a police witness they are less likely to remember details, also, sometimes evidence gets lost which obviously benefits the accused.