Are you concerned because you are facing the prospect of having your driver’s license suspended? At Summit Defense, our San Jose criminal defense attorney can provide you with the legal representation you deserve, ensuring your voice is heard before the DMV.
While you can certainly represent yourself, you may have a better chance of securing a favorable outcome if you hire an experienced DMV hearing attorney to represent you. Learn more about our DMV hearing lawyer in San Jose below, and call us to schedule your case consultation. Let us help you with your DMV administrative hearing following a DUI arrest.
Experienced Representation From a San Jose California DMV Hearing Attorney
At Summit Defense, we understand that you have choices if you are looking for a San Jose DUI attorney to represent you, but we are the best option to protect your rights and defend your interests. We have experience representing drivers facing Department of Motor Vehicles hearings, and we will lean on that experience to vigorously defend your rights and protect your interests. Our experienced DUI attorney is here for you.
Are you nervous about your upcoming hearing? Do you want to increase your chances of having your license protected? Our legal team is available to review your case and ensure you are appropriately prepared.
Understanding a DMV Hearing in a San Jose DUI Case
If you are convicted of driving under the influence of drugs or alcohol, there is a good chance that your license will automatically be suspended. The good news is that this is not necessarily an outcome!
You may be able to appeal the suspension of your license to the board, and the board may decide to reverse or lessen your suspension.
If you find yourself in a situation where your license has been suspended, it’s important to know that certain traffic or criminal violations could lead to this. The DMV will inform you of their decision right away, but they won’t take any further action until your case is thoroughly adjudicated. That means if you want the chance for an overturning of the suspension, then filing an appeal as soon as possible is essential. Failure to do so within their specified timeframe might mean no hearing or opportunity at all.
Working with a California DMV hearing attorney can be extremely helpful during this process because they’ll help guide you through what paperwork needs to be filed and get everything submitted on time. Once complete, they’ll also inform you when your case will go before the board and provide guidance throughout proceedings so that your best interests are represented fully.
After presenting evidence supporting why revoking should occur, the board members make their decision based on what was presented – meaning having legal representation can be incredibly beneficial.
Reasons for DMV Hearing
There are plenty of reasons why you might require a DMV hearing. Still, the biggest reason is that it will present you with an opportunity to share evidence or testify on your behalf if action has been taken against your driving privileges.
Driving is a privilege, not a right, and there is a chance that privilege could be taken away if you are convicted of driving under the influence or other moving violations.
If extenuating circumstances are important in the process, this is your opportunity to share those circumstances. If we can convince the board that your license should not be suspended, we can protect your license, restore your driving privileges, and allow you to go to work and school by car.
DMV Hearing Process in San Jose
The DMV hearing process in San Jose requires several moving parts. They include:
Overview of DMV Hearing Process
Your DMV hearing is not going to automatically be scheduled. If you have had your license taken away, you will need to reach out to schedule your hearing. Some of the reasons why your license may have been suspended include:
- You may have been found guilty of a DUI, including alcohol or drugs.
- You might have been convicted of reckless driving.
- You might have many points on your driving license, leading to a suspension.
- You might not have been able to provide proof of insurance, causing your license to be revoked.
- You could have a fine from traffic court that you did not pay.
If any of these factors apply to you, you can request a DMV hearing to discuss the situation.
Timeframe for Requesting a DMV Hearing
If you have been told that your driving privileges have been revoked, schedule your DMV hearing as soon as possible. In general, you have ten days to request a hearing from the DMV after being notified that your driving privileges have been suspended.
As a result, you need to file your paperwork quickly, which is another reason you need to work with our law office.
Procedures for Requesting a DMV Hearing
There is a procedure that you need to follow if you would like to request a DMV hearing. If the DMV mails paperwork to you, you should review the documents that cover all of the issues related to your case. There are certain deadlines that you need to meet, and it will spell out your rights in the administrative process.
The paperwork will also let you know precisely what you need to do to schedule your hearing, but if you work with an attorney, we can schedule your hearing for you.
Consequences of Not Requesting a DMV Hearing
The consequences can be significant if you do not request a hearing with the DMV. After the timeline lapses, the suspension will automatically go into full effect. You will have to wait the entire period imposed by the DMV before you can get your license back.
If you want to prevent this process from happening, you do not wish to surrender your chance to appeal the suspension, so be sure to reach out to an attorney from our team.
Role of a San Jose DMV Hearing Attorney in the DMV Hearing Process
You need to work with an attorney during this process because your attorney understands how to put your case in the best position possible for a favorable outcome. There are plenty of defenses that we can use that prove successful.
You need an attorney who can review all the evidence and cross-examine any witness statements. We have an intimate understanding of how the DMV operates and can use that understanding to provide you with a strong defense.
Your Rights at a San Jose DMV Hearing
When you go before the board for a hearing, you need to know your rights. You have the right to take control of your situation. You have the right to hire an attorney or other representative. You can also examine any evidence presented by DMV.
Furthermore, you are allowed to investigate witnesses’ testimonies, cross-examine them for further clarification, subpoena documents to back up statements made in criminal court, and speak in your defense!
We can help you introduce what’s necessary to prove your case and make sure that every fact is given a fair hearing from an impartial person. You can always appeal their decision afterward if things don’t go as planned.
Conditions for Issuance of a Restricted Driver’s License
You may be allowed to apply for a restricted driver’s license. There is even a chance that the board could give you a restricted driver’s license even if they do not restore your full license immediately.
Whether you will be eligible for a restricted driver’s license and when will depend on a number of factors. For example, you may have to wait until your suspension period expires, or you might be required to complete a specialized program if you have multiple convictions.
This is a complicated situation, and you need to figure out how to restore your driving privileges as quickly as possible. This is another situation where working with an attorney can be helpful.
What Happens After a DMV Hearing in San Jose
Once your DMV hearing is done, several moving parts will unfold.
The Aftermath of Winning a DUI DMV Hearing
You should be notified in writing after the officer makes a decision. During your DUI DMV hearing, you should have your driving privileges reinstated, and you will have your license given back to you.
The Aftermath of Losing a DUI DMV Hearing
You will be notified in writing if you lose your DUI DMV hearing. The board will let you know why they came to their decision, but you should also have the opportunity to appeal.
Underage DUI Cases
If you are underage when you are convicted of driving under the influence, your license will likely be suspended as well. We handle underage DUI cases, understanding that the legal limit for someone under the age of 21 is a BAC of zero. These cases are far more complicated, so working with an attorney with experience is critical.
California also has the right to terminate the suspension or revocation of driving privileges for out-of-state residents. This means that if you were convicted of a DUI outside of the State of California and subsequently lost your privileges, the CA DMV can end your suspension and give you the right to apply for your driver’s license again. Our attorneys can work with you to make that happen.
Appealing DMV Hearing Loss
No need to despair if your DMV hearing loss decision isn’t in your favor. We can help you file an appeal and ensure the paperwork is done on time. Take advantage of the chance to have your case heard because we all know how important it is.
That’s why working with a California DMV Hearing Attorney is essential for getting that second chance at success. Let us work together to fight for what you deserve – no matter how tough things get!
Possible Legal Defenses in a DMV Hearing
There are plenty of ways to protect your driving privileges at a DMV hearing. Here’s an overview of what you can argue:
- Accuracy of Driving Record: We can make sure that the information used by the DMV is correct. If it isn’t, we could challenge their findings and present evidence for why this is so.
- Test Administration: Was the officer administering tests at the scene correctly? If not, we can question their process and how it may have impacted your outcome unfairly.
- Probable Cause: Did the officer even have probable cause to pull you over in the first place? We can check this to see if you were pulled over improperly.
- Blame Assigned Incorrectly: Were blame or fault attributed inappropriately after an accident? We will be sure to look into this too.
- No Vehicle Operation At Time Of Incident: We can review whether you were operating a motor vehicle when the incident occurred. This could be worth bringing up during proceedings as well.
By utilizing these strategies effectively at your DMV hearings, you can give yourself a better chance of keeping those all-important driving rights intact—so make sure they’re part of your defense plan going forward! We will work closely with you to determine the best defense for your situation and how we can fight for your driving privileges.
Schedule an Initial Consultation With Our San Jose DMV Hearing Lawyers at Summit Defense
If you have had your license suspended, we can work with you to schedule a DMV hearing on your behalf. You need to make sure your voice is heard, and at Summit Defense, we have the necessary training and experience to provide you with the strong defense you deserve.
Call us today to schedule a case consultation, and let us ensure that your rights are adequately protected.