How Can I Win My Administrative Per Se Hearing?
How Can I Win My Administrative Per Se Hearing?
When any driver in California (regardless of where they are from) is arrested for DUI and it is believed they operated a motor vehicle with a blood/alcohol concentration at or above the legal limit, the Administrative Per Se Law mandates the immediate suspension or revocation of that person’s privilege to drive. Whether you are from California or Kentucky, the California DMV intends to strip you of the privilege to drive in this State.
The automatic suspension or revocation of a person’s driving privilege begins the moment you are placed into handcuffs by the arresting law enforcement officer. Once that has occurred, there is only one way for you to keep your driver license intact.
In short, you MUST contact the California Department of Motor Vehicles within the first 10-days following your arrest to schedule an Administrative Per Se Hearing. Also known as an APS Hearing, this is a complex, evidentiary process where the driver is challenged to rebut or disprove the case against them.
Winning an Administrative Per Se Hearing begins with selecting a representative who can prepare and fight for you. The DMV Defense Experts at California Drivers Advocates (CDA) have been fighting and winning APS Hearings for years. Whether your defense is predicated upon an illegal stop, an inadequate DUI investigation, or a problem with the blood or breath samples, CDA has the knowledge, training, experience, and the guts to handle your APS Hearing correctly. Don’t wait……… make us your first call.
Administrative Per Se Hearings can conclude with a lot of drama and fanfare or with a simple and quite modest argument. APS hearings can be won because an officer fails to sign his sworn statement where required. Hearings can be won because the officer’s report is presented in violation of the Evidence Code. Some hearings are won because of successful attacks on the probable cause for the original stop or because the officer is not credible. Finally, cases can be won by successfully attacking the accuracy of the blood or breath samples. The bottom line is that winning an APS Hearing is a complicated endeavor that requires a tremendous amount of training, experience, and detailed work.
At the end of an Administrative Per Se Hearing, it is rare for the hearing officer to announce their decision “on the spot.” In most instances, the hearing officer will take the matter “under submission” and then render their decision later within a few days or weeks.
In the world of the DMV, legal words such as “dismissal” are not used. The magical words which indicate a DMV victory are the words, “Set Aside.” When a DMV Hearing Officer orders a “Set Aside,” this effectively means that the driver has successfully rebutted the DMV’s case and that any further action against the driver’s privilege is Set Aside.
The hearing officer will prepare a “Notice of Findings and Decision” which is then mailed to the driver and to his or her representative. The Notice of Findings and Decision will document the reason the hearing officer has order the “Set Aside” and will further instruct the driver what they must do to regain possession of their driver license. The driving privilege is full-reinstated the moment the hearing officer prepares the letter. Make no mistake, winning an APS hearing is a Big Deal and is cause for celebration.
Winning an Administrative Per Se Hearing DOES mean:
- The driver’s privilege to operate a motor vehicle is fully reinstated with no penalties or restrictions.
- The driver is not required to attend a DUI school.
- The driver is not required to file an SR-22 insurance form.
- The driver is not required to install ignition interlock device in their car.
- The driver is not required to pay a “re-issuance” fee.
Winning an Administrative Per Se Hearing DOES NOT:
- Bind the hands of a court. Any court prosecution of a DUI case is distinctly separate from the APS action taken by the DMV. Winning an APS Hearing does not stop or overturn any court action.
- Erase the DUI arrest from the driving record. Only time will cleanse the driving record, however, the driving record will reflect the “date of arrest” and the date of “set aside” so you can easily demonstrate that the DMV took no action against you.
Your likelihood of winning a DMV Administrative Per Se Hearing really comes down to three things:
- The facts in your case. Your DMV Defense Expert cannot change the facts in your case. Good facts make for a stronger case.
- The DMV Defense Expert who defends you. This person’s training, experience, personal drive, and integrity are critical in any good DMV defense. The reputation your representative has at the DMV is also very important. Is your representative known for good, solid, merit-based hearings or is he known by the DMV as a “game player?”
- The DMV Hearing Officer. The person who sits in judgement of you plays an enormous role in the outcome of your case. There are many hearing officers who are intelligent, driven, and fair. There are many, however, who are bureaucratic robots. The word “Set Aside” is not in their vocabulary and they are working out some kind of personal/psychological issue by blindly suspended the driving privilege of any driver who comes before them. This is a person to be avoided.
We Know How to Win APS Hearings and We’re Ready to Win Yours.
Simply put, an APS Hearing is nothing more than Conflict Resolution. As an accused driver, you must resolve a conflict in which the DMV wishes to suspend your driver license and you wish to prevent it.
Winning an Administrative Per Se Hearing is like a “high-stakes” game of chess. The expert representing you must have the knowledge, training and “chutzpah” to present your case effectively. Knowledge without presentation is pointless. Training without application is a waste of time. The DMV Defense Experts at California Drivers Advocates bring the best qualities of training, experience, and devotion to our client’s cases. More importantly, we will not shy away from a fight with the DMV. Your DMV Defense Expert will know the individual hearing officer and the things that work and don’t work. We’ll get the job done correctly, because it’s what we do. Don’t let time waste. Call CDA today to begin planning to win your APS Hearing.
More about Administrative Per Se (DUI) Hearings at the California DMV