Orange County, Irvine & Laguna Hills Criminal Defense Attorney
If you are facing a driver's license suspension after a DUI or for
any other reason, you may have to appear at a DMV hearing. if you would
like legal assistance with your hearing, please contact the Orange County
criminal defense lawyer at the
Law Offices of Mark Raymond McDonald as soon as possible. DMV hearings may concern license suspension for a
DUI, negligent operator driver's license suspension, medical suspension,
juvenile suspensions, or senior driver license suspensions.
DMV Hearing for a DUI
After confiscating the arrestee's license and serving him or her with
an order of suspension, the arresting officer will complete a document
entitled "Officer's Statement-Admin Per Se." This one-page
form sets forth the bare minimum facts necessary for the DMV to suspend
the license: observing of driving (or statutory exceptions), probable
cause, and breath test results. The document is signed under oath by the
arresting officer and, if applicable, the breath machine operator. It
is then supposed to be forwarded to the Department "immediately"-"on
or before the end of the fifth ordinary business day following the arrest."
[Vehicle Code § 23158.5(c)] In fact, however, this deadline is routinely
ignored with no consequences.
The individual then has 10 days within which to contact a local branch
of the DMV's Office of Driver Safety and request a hearing. It is
very important that the individual or his attorney contacts the DMV for
this hearing because, after 10 days, the suspension will automatically
take effect. With a competent DMV attorney, you may be able to avoid the
Other DMV Hearings
You may request a hearing for all other suspensions and, if so, having
an experienced DMV lawyer represent you may make the difference in the
outcome of your hearing. As an Orange County DMV attorney, our attorney
has successfully helped countless numbers of clients. He serves Irvine,
Laguna Hills, and all of Orange County.