California DMV Hearings
California DMV hearing is a civil proceeding. Complex provisions of the California Evidence Code, Government Code and Vehicle Code apply to these hearings. Additionally, decisions from the California Court of Appeal and California Supreme Court also apply to DMV hearings. They are, by their nature, complex.
California DMV Hearing Officers preside over these hearings at the Department of Motor Vehicles Driver Safety Office. The Hearing Officers are employees of the DMV who have received specialized training. There are twelve DMV Driver Safety Offices and several additional satellite offices in California.
The standard of proof at a California DMV hearing is a preponderance of the evidence standard. Preponderance of the evidence means more likely than not. It may also be characterized as fifty-one percent. In other words, the DMV must prove its case by fifty-one percent in order for the Hearing Officer to institute the proposed action of the Department of Motor Vehicles.
At a DMV hearing, the California driver may object to any evidence offered by the Department of Motor Vehicles in support of the driver's license action. Additionally, the California driver's license holder may introduce evidence opposing the proposed DMV action. However, the form of the evidence presented is critical. If the evidence is not proper in form, it may not be admmissible and will not help the license holder.
California DMV hearings are recorded. The license holder may have a stenographic reporter present at the hearing transcribing the proceedings at their own expense. Alternatively, a transcript of the proceedings may be requested from the DMV. If requested, the DMV will attempt to transcribe the audio recording of the DMV hearing. Additionally, the driver's license holder or attorney may record the proceedings. However, the DMV Hearing Officer will take the position that the official record of the proceedings is the audio recording made by the DMV.
The law provides for relaxed rules of evidence at DMV hearings. Accordingly, DMV Hearing Officers are authorized to admit types of evidence which ordinarily would not be allowed in a court proceeding. For example, hearsay evidence is admissible at a DMV hearing. Hearsay evidence is defined as an out of court statement offered in court for the truth of the matter asserted. In other words, a written report could be received as evidence instead of the DMV being required to produce live testimony of the witness at the hearing. Additionally, a police officer could testify about something that was told to them without the person who made the statement being required to be present.
The DMV hearing is divided into sessions. Each session lasts approximately one hour. If it is anticipated that several sessions are required, a request may be made for additional time when the hearing is scheduled. Alternatively, it becomes known that an additional session will be required during the session in progress, a reconvene of the hearing can be requested. Regardless of how many sessions are required, they collectively comprise a single DMV hearing.
The strength of any California driver license holder rests in the experience of the attorney, adequacy of the preparation and the qualilty of the presentation. California DMV hearings can be won, but it is critical that they be handled by an attorney with exetensive experience handling these cases. Accordinly, it is critical that you contact a qualilfied DMV defense attorney to assist you in your case.
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