If they won’t get rid of DUI laws in California, then how can your San Diego drunk driving attorney start out by helping you?
10. Your San Diego DUI defense lawyer only has 10 days to serve a Request for Hearing on DMV, in order to preserve your driving privilege!
9. This critical ten calendar day time limit is calculated from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE.
8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges under the Interstate Compact.
5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for 30 days from the San Diego DUI arrest / issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay of suspension until the outcome of your DMV hearing is determined.
4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!
The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good “until the court date”. If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney’s calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts
DMV by the 10th day from your arrest.
3. There are 3 issues at the hearing if you completed a chemical test.
Issues include: Did the San Diego DUI officer had probable cause to stop or contact you? Is this San Diego drunk driving chemical test evidence usable against you?
2. The DMV has the burden of proof to prevail on all three (3) issues.
1. A San Diego DMV defense lawyer has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee or Proof of Insurance SR-22 certificate.
Many unwise courts are trying to get rid of the U.S. Constitution, so fight back!