Winning your Department of Motor
Vehicles (DMV) hearing essentially means that the DMV will not suspend or
revoke your driver’s license nor can they take any other action against it.
This does not mean that the court cannot suspend or revoke your license
especially you have prior DUI convictions.
The court and the DMV both have the
rights to suspend your license and winning your DMV hearing will only give you
immunity against the rights of the DMV, but not the rights of the court,
caution DUI lawyers in San Francisco, CA.
California DMV – the three legal issues
Winning your DMV hearing comes down to
prevailing on three issues specifically. However, before we get to what these
three issues actually are, we need to emphasize that the DMV does not factor
your need to drive to work when determining whether or not to suspend your
license.
If you were subjected to breathalyzer
test or a blood test at the scene of arrest, then the three issues you need to
be concerned with in order to defend your DUI are:
1. Did the
police officer have reasonable suspicion or probable cause to come to the
conclusion that you were operating your motor vehicle in violation of Vehicle
Code section 23140, 23152, and 23153? If you are unsure about whether or not
your stop was actually constitutional then we highly recommend that you consult
a California DUI attorney as soon as possible.
2. Were you
placed under lawful arrest - was your arrest constitutional? Did the police
tell you what you were being arrested for? Did the arresting law enforcement
officer read you your Miranda rights?
3. Were you
operating a motor vehicle with blood alcohol content of 0.08% BAC or more?
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Regarding Miranda rights, this is not
something that is done in every country. Now in the movie Proof of Life Peter
Bowman (David Morse) was snatched up by guerrilla warriors who make a living off
of holding people for ransom. The wealthier or more famous the person is, the
better it is for them. Now these selfish criminals do not read anyone their
Miranda rights, they do not read anyone their rights at all since anyone they
grab does not have any rights.
Now these criminals are not acting on
the behalf of any official government but nonetheless, your rights you are used
to do not exist everywhere. You can see Russia and Cuba about that as well.
You have rights in America and if you
are not read your Miranda rights by the police officer who is arresting you,
your legal representative can make a case for you on this.
California is having lots of problems
there now (billions in debt, lack of jobs) but even the people that still live
there have Miranda rights.
The reality of a DMV hearing
Despite what you might read on the Internet,
the fact is that winning a DMV hearing is definitely no walk in the park and can
be very difficult indeed. The DMV simply does not want you to win. They will
even go the extent of summoning arresting law enforcement officers to the DMV
itself so they can rectify any mistakes made before, during or after the
arrest, according to San Francisco, CA DUI lawyers.
In all criminal and civil lawsuits, you
or any other defendant are considered innocent until proven guilty. This is not
the case when it comes to DMV hearings. In DMV hearings, you are considered
guilty and you need to prove yourself innocent and this is where you will most
definitely require legal assistance if you want to stand a fighting chance of
actually beating the DMV in their own game and on their own turf.
If you have been arrested or charged
with a DUI and have issues with the DMV, don’t hesitate to speak
with a California DUI lawyer today and get started working on your defense.
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