Ten Day
DUI Trap And Your Right to Drive
When driving is
involved
in your arrest (or citation), your license is in jeopardy. California’s
Legislature & Department of Motor
Vehicles (DMV) do not care about your need to drive. For all DUIs, the DMV administratively punishes you by
suspending your license. Lawyers who save licenses at DUI and related
DMV hearings understand the applicable administrative (DMV) laws.
First, you, or your
attorney, must write or fax the DMV and demand a hearing within ten
calendar days of your arrest.
You do not have the
right to a free appointed lawyer at the DMV hearing. You must get your
own lawyer. In the hearing, the DMV official acts as both prosecutor
and judge. This means the official will try to find out the truth with
or without your help. They are trained to rely on the police report
over your testimony.
To win, you need to
know
the ins and outs of the law, the rules of evidence, your rights, and
the applicable laws. With these tools your license can be saved.
For DUIs,
they will decide whether the police officer had a legal right to stop
or contact you, the right to arrest you, and whether you drove with
blood, breath, or urine test results which are legally reliable and
above the "per se" limit.
A competent lawyer
knows
what laws apply to your case, and when to bring in a scientific expert
on your behalf. Science plays an important role in DUI cases and
because the DMV never has their own expert witness, you can win.
If the DMV decides
against you, your license is suspended or revoked. You can then appeal
through the courts and/or the DMV if you feel the suspension isn't
justified.
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DUI-Help-California
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Reproduction in whole or in part without permission is prohibited. The
topics covered in this site are intended as general information. While
the topics are provided by www.DUI-Help.com, it is far from
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based upon the limited amount of information contained in this site.
Please consult a qualified DUI attorney regarding any legal issue
before proceeding.
DUI information for the following
California
counties: Alameda, Alpine,
Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado,
Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los
Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono,
Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento,
San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San
Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta,
Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity,
Tulare, Tuolumne, Ventura, Yolo and Yuba
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