The Administrative Per Se hearing through the California DMV is an important part of any DUI case. The California Department of Motor Vehicles has the right to suspend your license based solely off of an arrest for driving under the influence. Failure to contact the DMV 10 days from the date of the arrest to request a DMV hearing will result in the automatic suspension of your California driver's license.
The DMV hearing is completely separate from the criminal court proceedings but can be very helpful. In most cases you will receive a copy of the police report through the DMV prior to going to court. This will give you the opportunity to review the police report before the Orange County District Attorney or City Prosecutor has looked at the information. It can help you and your attorney in Orange County prepare the best defense in your case.
Furthermore, the DMV hearing is recorded and all testimony is given under penalty of perjury. This means that you can subpoena the arresting officer to the APS hearing and use the officer’s testimony to impeach him at the criminal court proceedings if his testimony changes. You can also offer expert testimony at the DMV hearing and present evidence on your behalf. While the DMV hearing is limited in scope and issues, there is some leeway. A skilled DMV defense lawyer will know how to utilize the DMV hearing to get the best possible outcome in your case.
Call our DUI defense law office today. Our team of experienced DMV defense lawyers will work hard to fight the automatic suspension of your driving privileges and will not rest until every piece of relevant evidence is presented at the DMV hearing. Do not wait until it is too late.