Living in California, we all realize the importance of having a valid driver’s license. Without the ability to lawfully drive, someone might find they are out of a job, cannot go to school or cannot take care of loved ones. DMV hearings are a critical part of a DUI case and something that Attorney Ross Erlich takes just as seriously as the criminal case in court.
There are a few scenarios that can give rise to an Administrative Per Se hearing (DMV hearing focusing on your ability to keep your driving privileges). One of the most common is getting arrested for a DUI. Others include, operating your vehicle negligently, causing an accident that results in someone’s death, suffering from a medical condition that can pose a danger to other motorists (seizures), and being convicted of numerous moving violations in a set period of time (think speeding tickets).
When you are arrested for a DUI, the police officer is required to issue you a temporary license with the DMV notice of suspension. This temporary license is only valid for 30 days. Once you have received your notice of suspension, you have 10 days to contact the DMV to schedule an Administrative Per Se hearing. If you do not contact the DMV, or wait beyond the 10 days, your license will automatically be suspended after 30 days.
You are entitled to legal representation at your DMV hearing, and Los Angeles criminal defense lawyer Ross Erlich handles all DMV hearings that are part of your DUI arrest. If you do not have a Los Angeles DUI lawyer at your hearing, the chances of winning are slim. Los Angeles DUI lawyer Ross Erlich always includes, and recommends, his representation at a DMV hearing in his DUI retainer.
Because DMV hearings are the key to preventing the suspension of your license, it is important to contact Los Angeles DUI lawyer Ross Erlich immediately after being arrested so that our office can schedule a hearing and make sure that we have an opportunity to fight the suspension.
DMV Hearing Officers act as judges, juries and prosecutors in these hearings. They are highly experienced with the procedures in a DMV hearing and know what objections are relevant, which documents are allowed to be introduced, and what key elements need to be proven. It is critical that you have an attorney who is just as experienced and prepared to conduct the DMV hearings.
Issues to be addressed at the DMV hearing include whether there was probable cause for the officer to pull you over, whether there was a lawful arrest and was your Blood Alcohol Concentration at 0.08% or above at the time of driving. See the DMV’s website about Administrative Per Se Hearings here – here.
For commercial driver’s license holders, you can lose your commercial driving privileges for 1 year if you are convicted of a DUI and can lose them for life if convicted of a second or other multiple offense DUI.
For aggressive and vigorous defense of your rights with the DMV, contact Los Angeles criminal defense lawyer Ross Erlich today.