Friday, November 2, 2012

What Can You Do If Your License is Suspended for a DUI?

 

What Can I Do If My Drivers License is Suspended Because Of A DUI?

You have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified. The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/revocation will not be stayed (delayed) unless:
  • You request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/ revocation.
Before the hearing, and upon request, you may see and/ or obtain copies of the DMV’s evidence. If you want copies released to someone else, such as an attorney, you must give the person signed permission. You have the right to have a sign or language interpreter present at your hearing. Immediately notify the DMV if you require an interpreter.
You may represent yourself or at your own expense, an attorney or another person may represent you at the hearing. You may present oral testimony and other evidence. Your testimony will be taken under oath or affirmation and the hearing will be recorded.
The DMV ordinarily does not arrange to have the peace officer testify. However, the DMV reserves the right to call the officer if his/her testimony is needed. You may subpoena the officer or any other witness(es) you feel may help your case and have relevant testimony or evidence to present. You are responsible for paying the required fees and for making sure your witness(es) receives the subpoena.
After the hearing decision, you may submit a written request for a department review within 15 days of the effective date of the notice. The fee for a department review is $120 (California Vehicle Code (CVC) §§14105.5, 14907).
To reinstate your driving privilege after an APS suspension/revocation, you must:
  • Pay a $125 reissue fee to the DMV (CVC §14905).
  • File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate underCVC §16430).
  • Maintain proof of financial responsibility for three years.
                                             You Need a Good Attorney...

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

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