If you want to read about our DMV cases, please click on the case summaries below to read a detailed description of each case.
The case summaries show some of our better DMV results in the past three years.
We believe the DMV Hearing is an extremely important part of the case. It is not just because one’s driving privileges are at stake, either for 120 days in a first time offense or a year in a refusal. It is because when we win at the DMV, we have traction in court for a better resolution of the case. And even if we lose at the DMV, we are far more familiar with all the facts than the prosecutor will ever be except maybe at trial. This makes our negotiating a plea bargain or motions in court better.
We keep every DMV ruling and make a copy for our records. We now have three full three ring binders full of such opinions. We organize them by DMV Hearing Officer so we know what parts of the case that particular officer pays particular attention to and what parts are not significant to her or him. We know what cases the hearing officer has cited to in her or his rulings, too. This helps us customize our DMV Brief for the client to more effectively persuade the hearing officer to set aside the suspension and reinstate the driving privileges.
We attend every DMV Hearing in person and encourage the client to attend in person. We want to look the DMV Hearing Officer in the eye and make sure she is listening. We want the client there to testify if needed, but also to hopefully cause the hearing officer to concentrate on the case. We have never once done a telephonic hearing. In our opinion, a telephonic hearing is a guaranteed loss. It is a complete and utter waste of time.
We will bring an expert witness to the hearing if needed. Such an expert may be able to testify as to the effects of a rising blood alcohol content (BAC) on the BAC that would have been measured if the client had his or her BAC measured when last driving, rather than 30 minutes later.
An expert may also be brought to the hearing to testify as to how gastroesphageal reflex disorder (GERD) or mouth alcohol can elevate the breath alcohol sample above what one’s blood alcohol content is.
Or the expert can testify as to a second test of the blood alcohol content from the sample from our client given after the arrest. The expert may testify as to not only the level, but whether the blood sample contained excessive levels of iodine, the anticoagulant or was contaminated otherwise. An expert at a DMV Hearing may be quite helpful, however, the expert does have fees that the client must pay.
The DS-367 is one of the most important documents in a DMV hearing. It is a statement under oath by the officer about physical impairment observed, the reason for the traffic stop, the preliminary alcohol screening (PAS) test results and, if there is a refusal to submit to a test, about the admonition given by the arresting officer to the driver. The document is packed with information that is helpful to showing errors in the police officer’s handling of the case and violation of Title 17 of the California Code, which is the controlling statute for a DMV hearing.
For a discussion of some of the arguments that we often make concerning the validity of the traffic stop, or the meaning of the field sobriety tests, please refer to the short explanation of our DUI results under our listing of “Select DUI Results.”