California DMV Case: What to do First
If the California Department of Motor Vehicles (DMV) has sent you a Notice threatening to suspend or revoke a driver’s license, you need a lawyer immediately. Failing to request a DMV hearing or losing a DMV hearing may result in driver’s license suspension or revocation and other punishment. California DMV cases are technically complex and should only be handled by lawyers with experience in Department of Motor Vehicles hearings.
The Department of Motor Vehicles has a division called the Driver Safety Office (DSO). All California DMV hearings are handled at the Driver Safety Office. Specially trained DMV Hearing Officers preside over these hearings. However, the Hearing Officers have a dual role in the process and act as both a prosecutor and judge of the evidence and the law.
The stakes are high in a California DMV case. The Department of Motor Vehicles (DMV) need only prove that the suspension or revocation is justified. California DMV administrative hearings can be won, but usually only by lawyers with knowledge of the DMV hearing process, the type of evidence presented and familiarity with the possible defenses in DMV cases.
Special rules apply in DMV hearings. These rules were passed by the California Legislature and appear in the California Evidence Code, California Government Code and California Vehicle Code. Additionally, complex rules of law announced by California appellate courts such as the California Court of Appeal and California Supreme Court commonly apply to DMV hearings. Additionally, another body of regulations called the California Code of Regulations (CCR) control whether some forms of evidence may be received at certain DMV hearings.
It is imperative that you have only a qualified DMV lawyer handling your case from the beginning. If you have received a Notice from the California DMV threatening to suspend your driver license, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our DMV law firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a member of our firm and receive a prompt response.
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