In California, DUI's, the single largest revenue
raiser of any offense in the vehicle code, fund
criminal and administrative systems that prosecute
suspected drunk drivers. Unfortunately, it is this
single offense that results in the highest number of
innocent people falsely convicted.
what does this mean to you?
what does this mean to you?
For an individual accused, don't procrastinate. The
DMV's "APS" suspension action on your driving
privilege begins thirty days after your arrrest.
However, you have 10 days to request a hearing to show
the suspension is not justified. Request a hearing.
You have the right to have an attorney represent you
at the hearing. If you have an experienced attorney,
they can request a hearing for you. Be aware the same
10 day cut-off applies.
What happens at an APS hearing?
There are three issues; the lawfullness of the stop,
the lawfullness of the arrest and whether they can
show by admissible evidnce you were over the legal
limit at the time of driving. The key is at the time
of driving not at the time of the test. By consulting
your attorney, you can begin to build your defense.
Is there Life after the APS?
DMV cases can be won. Usually, they are won on a technicality. To obtain the reports, you must request "discovery" from the DMV. You or your Attorney should get the report as soon after the arrest as possible. You can also obtain the report from the agency that arretsed you be it police, highway patrol or sheriff. Today, the APS hearing will most likely be before the first court date.
What happens at Court?
If you win the APS, the DMV will not suspend your driving privilege. The court may restrict your driving privilege to and from work and in the courseof employment. So, the lesson is don't delay or you'll be taking the bus. If you have any questions please feel free to email or call me for a free case evaluation.
