Timothy Gomes and
Associates



HOW TO WIN A DMV ADMINISTRATIVE SUPENSION HEARING




Many attorneys tell clients not to fight the DMV Administrative Per Se Suspension or assign this hearing to a law clerk or paralegal. Such a Tactic should never be done by an attorney.  The DMV APS Suspension is an automatic suspension of your driver’s license that takes place 30 days after your arrest. The DMV action is separate and exclusive from any action a court may take against you.  The arresting officer need not even appear at your hearing.  The officer only needs to send in a sworn statement asserting you were driving under the influence and the DMV will rule against you.



You must competently contest the DMV suspension or you will lose your license even on a first offense. 



Of course if a person
has prior convictions, the license can be suspended for 1,2 or 3 years or the offender can be subject to revocation. One of your first questions to an attorney is to ask if the attorney does the hearing himself. 



Winning a DMV APS Hearing takes time and commitment to develop a defense
which challenges the DMV suspension requirements for those accused of DUI.  




We have been doing DMV APS Hearings for over 17 years involving
thousands of cases and defenses.  



First, a DMV APS Suspension involving driving under the influence only involves the use of alcohol.  You can be charged in criminal court for driving under the influence of drugs but this does not apply to the DMV DUI suspension. 



You only have 10 days to request a hearing once you are
arrested for DUI.  We recommend using a lawyer to request this hearing because sometimes clients will be told information which is not true by a DMV employee and miss the 10 days. 



On several occasions over the years client were told not to worry about it until after 10 days or to wait
until court.  The client usually got this information from a DMV field office in their home town.   DMV DUI Suspension hearing is handled only by the Driver Safety Division of DMV. 


We have often won refusal cases because the arresting officer did not follow proper procedures when he
initially offered the blood or breath test. 


If you want to lose your hearing, just try doing it yourself.
 


The DMV APS Hearings are complicated and require knowledge of the California State Evidence Code.  The accused must make the proper objections

or all the evidence will be admitted against them and the hearing officer will rely on the Officer’s Statement as to the truth of the facts Involving your arrest.


We usually use an expert to testify at the hearing to establish problems with the breath or blood test



The chemical
test is the best evidence against you and it must be attached by an expert.  A forensic toxicologist familiar with all state procedures and requirements involving the use of a chemical test can establish grounds for a set aside or dismissal of your DMVcase. 


This office is familiar
with all of the procedures involving a DMV Suspension and we know many of the hearing officers who have worked at DMV because we do this all the time.  Some hearing officers at DMV know the law and others do not. Even if you have already set the DMV Hearing date, we can substitute into your case.



Call now for further advice about your DMV Suspension or your court case.   1(877)250-7521






IF YOU ARRESTED FOR DUI AND UNDER 21 YEARS OF AGE

If you are under 21 years of age, you cannot have more than a blood alcohol level of .01 if you are arrested for DUI.  This suspension will involve a year and you are not allowed a restricted license.  The secret to winning this type of case involves have a toxicologist testify that the chemical test was administered incorrectly by the officer or the breath machine was not functioning properly.  We have won many over the years by challenging the test administered to the minor.  Sometimes the District Attorney’s Office of a particular county will only file an Infraction charge of Vehicle Code Section 23140, Driving under the Influence as minor. The case will be heard in traffic court and the traffic commissioner or court staff will tell the client or his parents to just pay the $500.00 fine and there will be no further punishment by the court.  This is all true, but once the record of conviction for Vehicle Code Section 23140 is received the minor’s license is suspended for one year.  Our tactic is to have the client hire us for traffic court and we bring an expert witness in to testify and attack the chemical test. 

Many traffic commissioners don’t know anything about breath or blood testing and never have seen an expert witness.  We usually win in traffic court and the client avoids a year suspension upon conviction. However, he still must win the DMV Suspension hearing to prevent a possible year Suspension.

DMV APPEAL OF SUSPENSION IN THE CIVIL COURT.

You can always appeal a DMV ruling by going to the Superior Court of the county where the arrest occurred. The DMV action against you must be appealed in Civil Court not Criminal Court because the suspension process is a administrative action. The court clerk will charge a filing fee and your attorney can go in immediately and get your license reinstated pending appeal. This happens right after you file. The attorney must file a Writ of Mandate against DMV and serve it on the department in Sacramento. All records are submitted to the court for judicial review. 

Only then will the court consider overuling a DMV Hearing Officer's ruling. Once the Writ is filed, your attorney can appear in court a few days after the original filing and a Judge will reinstate your license pending appeal. Should the court rule that the decision is "arbitrary" then it will rule against DMV and order attorney fees be paid to you.  The court can also remand the hearing back to DMV for another hearing. This option can be costly because the writ requires a lot of paperwork, and time. Our Office can file an appeal but the price can be as expensive as your Criminal DUI and in some cases more. You have 34 days after the mailing of the Hearing Officer's written decision to file an appeal with The Civil Court. There is a less expensive way to appeal but that would mean asking the DMV to review the case before filing with the court; however, the DMV will not issue a driver's license while the DMV Departmental Review is being considered. It is unusal for the DMV to overrule Its own hearing Officer's decision.


 









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