Due to the uniqueness of San Diego DUI / DMV hearings and no independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself.
A San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
Since these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
San Diego DUI defense lawyer defenses at an Administrative hearing are different and technical, more so than in criminal court.
Numerous San Diego DUI / DMV proof problems are reasons why DMV will not take action for a suspension.
The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures.
San Diego DMV hearings are before a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge.
Unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party’s evidence.
The absence of a Fifth Amendment right at the hearing means your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver’s Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.
This San Diego DUI attorney spoke at the
Annual DUI Seminar
in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
A Day in the Desert with the DUI Experts – Annual DUI seminar
.
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