California Department of Motor Vehicles General Information
What is a California Department of Motor Vehicles (DMV) administrative hearing?
A person who has been issued a California driver license has the right to a hearing in almost all cases where the California Department of Motor Vehicles (DMV) has sent a Notice of its intention to order discretionary action against a person's license drive. Additionally, a driver holding an out of state driver license also has the right to a hearing before the DMV can order discretionary action against that person's privilege to drive in the State of California. A discretionary action is one where the law permits, but does not require, the Department of Motor Vehicles to order a drivers license action.
The purpose of the DMV hearing is to contest the action. Prior to the DMV hearing, the California driver license holder or out of state driver license holder has a right to review the evidence the DMV intends to offer in support the proposed action. However, a licensee challenging a discretionary action must request a hearing within ten days of receiving the Notice of the proposed action. The DMV hearing proceedings are tape recorded and are conducted either by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the Department of Motor Vehicles.
At the DMV hearing, the driver is informed of the legal authority for the proposed action, and has the opportunity to challenge the evidence and to present evidence in the form of written or live testimony from witnesses in an effort to persuade the DMV hearing officer to modify or rescind the proposed action. The rules that govern DMV hearings are found in the California Vehicle Code, the California Government Code (Administrative Procedures Act), the California Evidence Code and in applicable decisions of the California Court of Appeal and California Supreme Court. Following the hearing, the Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.
top of the pageWhat are California driver license holder's legal rights at a DMV administrative hearing?
A California driver has the right to be represented by an attorney or other representative at the DMV hearing at their own expense. Representation by lawyer or other representative is not required but is highly recommended. A driver also has the right to review and challenge the DMV evidence and to cross examine the testimony of any witnesses who testifies in support of the DMV's proposed action. Additionally, the driver has the right to present evidence and witnesses on their own behalf. Finally, a California driver has the right to testify or to not testify on their own behalf.
Following the hearing, the holder of the California driver license has the right to be provided a written decision. If the decision supports the proposed action of the DMV, the driver has the right to request the department to conduct an administrative review of the decision and the right to appeal the decision to the superior court.
Since January 1, 2003, California law authorizes the DMV to collect a $120 fee for a Departmental Review following an Administrative Per Se (APS) hearing pursuant to Vehicle Code sections 13353 and 13353.2.
Requests for administrative review or to appeal the decision in court must be made within a certain time period depending upon the type of hearing and as described in the Vehicle Code. These time periods and other specific information concerning the rights of a driver will be stated on the notice containing the hearing decision.
How is a DMV hearing scheduled?
The Notice advising a California driver of the driving privilege action contains important information about how to schedule a DMV hearing. If the notice indicates a right to a DMV hearing, the driver has ten days following receipt of the Notice to request a hearing.
Ordinarily an attorney will schedule the hearing for a client. However, someone who is not represented may do so by writing to or telephoning one of the department's Driver Safety Branch Offices. It is critical that the driver identify themselves their full name, driver license number, and date of birth. If the person has never been issued a California driver license, the DMV will issue a file number beginning with the number X and followed by seven numbers. The person receiving the DMV Notice will also be asked to verify their correct mailing address.
What if the driver does not appear at the DMV hearing?
If the driver requests a DMV hearing and does not appear on the date and at the time scheduled for the hearing, the Department of Motor Vehicles will proceed with the case anyway.
Will the hearing location be accessible to persons with disabilities?
Hearing locations are accessible to persons with disabilities. However, any person requiring special accomodation should check with the Driver Safety Office in advance to assure accessibility.
In addition, if you any witnesses plan to attend who requires special accommodation, please contact the Driver Safety Office as soon as possible, so that arrangements can be made.
California Department of Motor Vehicles license suspension hearings are technically complex, and should only be handled by a lawyer with specialized experience handling California DMV cases. The Driver Safety Office Hearing Office has a great deal of authority to restrict, suspend or revoke a driver’s license or an out of state drier's privilege to drive in the State of California. California DMV administrative hearings can be won, but usually only by an attorney with specialized knowledge of the DMV hearing process, the type of evidence presented and familiarity with the possible defenses DMV cases.
The stakes are high in a California DMV case. For that reason, it is imperative that you have only a qualified DMV defense lawyer handle the case from the beginning. Our law office has been helping California drivers with cases pending before the California DMV for well over ten years.
If you or someone you know has been or may receive a Notice from the California DMV of its intention to order discretionary action against a person's license drive, 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 defense 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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