Administrative Per Se Hearings

administrative per se

What is an Administrative Per Se Hearing?

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.An Administrative Per Se Hearing is the process you must follow to get your license back.


What Just Happened To You?

You have just experienced what, in the legal profession, is referred to as the “Stop and Snatch.” Current law allows California Police Officers to automatically seize a driver’s license if they have reason to believe the driver was impaired. There has been no hearing, no inspection of evidence, no due process; just the confiscation and destruction of a very important document because a police officer believes you were impaired.

First of all, relax. All is not lost. That pink piece of paper in your bag is a “Notice of Suspension” telling you that the DMV suspension process has begun. Assuming your driver license was valid when you were arrested, the pink piece of paper is also a temporary driver’s license. Even though the police officer “snatched” your license you are still perfectly legal to drive (without restriction) for 30 days. That’s the good news.

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.

Scheduling an Administrative Per Se Hearing.

Included in the language of your pink temporary license is a statement advising you that, if you intend to contest the suspension of your driver license, you must contact the Department of Motor Vehicles within the first 10 days following your arrest to schedule a hearing. That is 10 “actual/calendar” days; weekends and holidays all play into that time frame. The DMV hates conducting hearings and they will find every opportunity to dissuade you or “weasel” out of conducting a hearing. With some very rare exceptions, if you miss your 10-day window, you will forfeit your right to a hearing and therefore will have allowed the DMV to suspend your driving privilege without a fight. DON’T LET THIS HAPPEN….

  • No cost associated with requesting a hearing.
  • You cannot be punished more severely.
  • Penalties for fighting and losing are identical to taking no action at all.

 

Let Our Team Schedule an Administrative Per Se Hearing to Protect Your License.

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. California DUI laws mandates that the DMV must conduct your APS hearing within the first 30 days following your arrest. 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. 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.

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It is critical that you be represented by an Administrative Advocate or attorney to ensure that the Hearing Officer correctly reviews and considers all of the evidence.

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Learn More About California Administrative Per Se Hearings

California DMV policy has been to conduct APS hearings and render final decisions as soon as possible following a driver’s arrest. Although there is some legal precedent for granting a continuation of a hearing date, DMV hearing officers are instructed to deny requests for continuation whenever possible; unless it is because the hearing officer is not prepared. If the DMV is not prepared, ….Learn More….
Probable Cause for Stop/Contact: Probable Cause is the standard by which an officer or agent of the law has the grounds to contact a citizen, make a traffic stop, make an arrest, conduct a search or obtain warrants. The term comes from the Fourth Amendment to the United States Constitution: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches ….Learn More….
During a DMV hearing, and more importantly during the preparation for one, scientific evidence is crucial to the overall outcome of that hearing.….Learn More….
Chemical Test Refusal / Forced Blood Draw
Operating a Motor Vehicle on California public roadways is a ‘conditional privilege.’ Meaning, the State of California will grant a person the privilege to drive within the State but, there are ‘strings attached.’ For a person to drive in California, they must attend ….Learn More….

If the DMV is Your Problem, California Drivers Advocates is Your Solution!!!

 Please contact us if you recently got a DUI, a notice of suspension or you just have a question about the DMV or your driving privilege.

We’ll be happy to answer your questions at no cost or obligation. If we can’t help, we’ll at least tell you about your other options.

All submissions are confidential. Our team typically replies within 24 hours.