California DMV Procedures
The California Department of Motor Vehicles (DMV) must provide Notice to a driver before the DMV may suspend, revoke, reexamine, or impose conditions of probation on a California driver license holder or privilege of an out of state driver to drive in California. Notice may be served on a California driver in person or by mail. Personal service is ordinarily accomplished by a law enforcement officer, such as a California Highway Patrol officer, local police officer, or county deputy sheriff personally giving (called serving) the DMV Notice to the driver. Alternatively, personal service may be accomplished by a California Department of Motor Vehicles' employee or Hearing Officer personally serving the DMV Notice on a driver.
The California Department of Motor Vehicles may also accomplish service by mail by sending the Notice to the license holder at their last known address. Frequently, the DMV will request acknowledgement of receipt of the Notice by instructing the license holder to complete, sign and return a form accompanying the Notice. If the California driver receiving the DMV Notice returns the form, then service is complete and beyond challenge.
The Notice must contain the basis for the proposed action and triggers the right of a California driver to a DMV hearing. Ordinarily, the DMV hearing must occur before the driver license action is taken. In some cases, the California DMV may immediately suspend the driver's license immediately if the DMV Driver Safety Office believes the mental or physical condition of the driver poses a threat to the safety of the public.
A California driver must be afforded the opportunity to have a DMV hearing at the Driver Safety Office. There are twelve Driver Safety Offices and serveral other satellite offices in California where DMV hearings are conducted by DMV Hearing Officers. DMV Hearing Officers are employees of the Department of Motor Vehicles. At the hearing where the California driver may contest the proposed license action, the DMV Hearing Officer will entertain objections to DMV evidence and receive evidence on behalf of the license holder before making a decision.
The DMV hearing is waived if it is not requested within the specified time period (usually ten days from the date of the Notice). If the hearing officer renders a decision favorable to the license holder, additional steps may be required to prevent a subsequent license suspension. If the DMV Hearing Officer upholds the proposed action of the DMV, there may be recourse in the form of a Request for Administrative Review of the DMV Hearing Officer's decision. Additionally, a California driver may Petition to the Superior Court for a Writ of Mandate in addition to or instead of Requesting Administrative Review. If the Superior Court grants the Petition for a Writ of Mandate, the California DMV will be ordered to reinstate the California driver's license.
Contact a California DMV Attorney
Complete the form and a lawyer or representative from The Law Office of Robert Tayac will contact you shortly to discuss your California DMV or DUI case.
* required field
The transmission of this e-mail inquiry regarding a California DMV or DUI case or any other legal matter does not create an attorney-client relationship with any lawyer or lawyers of The Law Office of Robert Tayac. The only way to create an attorney-client relationship with any lawyer or lawyers of this law firm is by signing a written legal services agreement and complying with its terms.