A DMV Hearing, Administrative Per Se hearing, must be requested within 10 calendar days of the date of your San Diego DUI arrest – the date your were given with the “suspension” (pink piece of paper) or temporary license as some call it.
If your hearing request is timely the hearing will be scheduled for about 30 – 45 days later to allow the DMV time to gather all the information they plan to use as justification for suspending your privilege to drive.
How a DMV Hearing conducted
These hearings can be held in person or over the phone and the DMV will schedule the hearing telephonically unless you specifically request an in-person hearing.
The hearing itself is fairly informal but is audio-taped for the purpose of providing a record for appeal should you decide to do so – in addition a copy of the audiotape may be purchased from the DMV after the hearing.
What happens at a DMV Hearing?
At the hearing the DMV Hearing Officer will ask those present (either physically or over the phone) to identify themselves for the record and will then move to identify all of the documents that the DMV intends to rely on. Unless the DMV Hearing Officer has previously noticed a problem with the evidence, the DMV will typically not have any live witness testimony and will rely on the documents.
Then you or your San Diego DUI lawyer will then be given an opportunity to object to the admissibility of any of the documents. If the DMV have secured the attendance of any witnesses, the Hearing Officer will then call those witnesses to testify and then you or your San Diego DUI Lawyer will be given an opportunity to cross-examine those witnesses.
Following the close of the DMV’s evidence, your San Diego DUI Lawyer will be given an opportunity to call witnesses in your defense.
After all evidence has been heard, your San Diego DUI Lawyer will be given the right to make a closing argument and motion for a “set-aside” (withdrawal) of the suspension.
When do I find out the results of the DMV Hearing?
Typically the Hearing Officer will decline to make a decision at the time of the DMV Hearing and you will be informed via a written decision mailed within a couple of weeks. (Your driving privileges will be extended pending the Hearing Officer’s decision.)
If you have more questions about the DMV hearing or requesting a DMV hearing please contact San Diego DUI Attorney Bradley Corbett. You can win a DMV Hearing.