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DMV Hearings

There are many types of DMV Hearings including Negligent Operator Hearings (i.e., more than 4 points in one year, 6 points in 2 years, or 8 points in three years). There are Medical Re-Examination Hearings for medical conditions, such as seizures and drug addiction. These hearings are set for individuals that are having a hard time driving safely on the highway.

When an individual is stopped and arrested for driving under the influence, their license is immediately taken by the officer (i.e., stop and snatch law)As a result, an administrative license suspension proceeding is initiated Pursuant to the "Admin Per Se Law". The arrestee is given the temporary license (i.e., DS367/pink sheet), which advises that they have only ten days within which to request and Administrative DMV Hearing. The temporary license is valid for 30 days, but you must request a hearing within ten (10) days of the date of arrest to contest the suspension. The Administrative Per Se Hearings are informal proceedings held at the DMV by hearing officers that have little legal training. An attorney will have better success winning these hearings by issuing subpoenas for witnesses and documents. As all administrative rules and evidence apply, this is a great opportunity to obtain Discovery and further investigate the facts.

If a DMV Hearing is not requested within ten (10) days from the date of arrest, the hearing is waived and the individual license is suspended for a period of, four (4) months on a first offense, one (1) year on a second or subsequent offense. These administrative per se hearings are alcohol specific (i.e., they do not result in a suspension if drugs alone are found in the system).

If an individual "refuses" a chemical test they will face a one (1) year suspension of their license on a first offense and two (2) years on a second offense.

More on California DMV Hearings



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