Administrative Per Se Hearings with California Drivers Advocates
You’ve just spent the worst night of your life following a DUI arrest. You are standing outside the release door at the County Jail. Your head is spinning and the last 12 hours seem like a horrible dream.
In your hands, you probably hold a clear plastic bag with your few possessions tossed inside. Going through that bag, you discover a property receipt, a promise to appear and a pink piece of paper from the DMV. What you don’t find is your driver’s license. That’s right………… Your license is missing.
The bad news is that when the DMV receives the paperwork from the arresting officer, they automatically “assume” that the officer performed his duties correctly and legally. The DMV automatically assumes that the evidence against you is accurate and they automatically begin the process of suspending your license. You are kept almost entirely in the dark and the DMV does little to educate you on defending yourself.
Depending upon a variety of variable factors, your driver license may suspended or revoked for a minimum of 30 days or for as much as 2-3 years but, if you act quickly, you may be able to prevent this action.
Unless you agree with the DMV’s intended suspension of your driver license, you must contact the DMV within the first 10-days to request an APS hearing. Failure to do so will result in the automatic suspension/revocation of your driver license and you will lose any opportunity to dispute the DMV action. The only way to preserve your license is to schedule and conduct a DMV Administrative Per Se Hearing, referred to as an APS hearing. California DUI laws mandates that the DMV must conduct your APS hearing within the first 30 days following your arrest, because your temporary license only guarantees your driving privilege for that period of time. Because of delays receiving police reports and because of an enormous case load, it is rare that the DMV can schedule an APS hearing within that period of time. Based on this, a driver is entitled to a “stay” of suspension. Essentially, this means that the DMV extends your driving privilege until a ruling has been made at your hearing. Unfortunately, the DMV is notorious for not granting the stay automatically, as they should. CDA will insure that your hearing is scheduled and your driving privilege is extended.
There is no cost associated with requesting a hearing and you cannot be punished more severely for protecting yourself. The penalties for fighting and losing are identical to those suffered if you take no action at all. All you can do is make the situation better by fighting for yourself. Why would anyone let the DMV take their license without a fight?
Immediately following your release, telephone California Drivers Advocates. Our team of DMV defense experts knows exactly how to navigate through the confusion and the hostility of the DMV. Our team will not be tricked, manipulated or dissuaded by DMV. The manner in which the DMV is scheduled and the assignment of an individual Hearing Officer can have a dramatic impact on the ultimate outcome of your case. Don’t leave anything to chance. Call CDA right away and let us begin fighting for you.
If the appropriate contact is made with the California DMV within the specified 10-day window, they must grant you an Administrative Per Se Hearing and they must grant you a “Stay of Suspension,” which effectively means you can continue driving until a ruling is made at the hearing. If you miss the 10-day window, you will have unnecessarily harmed yourself.
Learn More About California DMV APS Hearings:
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