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Los Angeles DMV Hearing Lawyers

DUI DMV Hearing

The Law Offices of Lawrence Wolf have been helping individuals charged with drunk driving crimes for over 30 years. Mr. Wolf has both prosecuted and defended thousands of adults and juveniles charged with DUI, license suspension, drunk driving, driving while intoxicated and vehicular manslaughter crimes. California DUI defense lawyer Lawrence Wolf has been a pioneer in developing all forms of alternative sentencing such as house arrest and diversionary programs. He has established relationships with Judges and District Attorneys throughout Los Angeles, Orange and Ventura Counties.

Your arrest depends on what the police see, hear and do but your freedom can depend on your attorney.

When you are arrested for DUI in Los Angeles, the police will give you a "notice of suspension" at the time of your arrest. This means that the Department of Motor Vehicles will automatically suspend your driving privileges 30 days from the date of the notice UNLESS you schedule a DMV hearing within 10 days and request that the suspension be stayed.

If you have not already contacted an experienced Los Angeles DUI defense attorney, make sure you do so without delay. The Law Offices of Lawrence Wolf will guide you through the process and make sure that your rights are protected.

You must submit your DMV hearing request form directly to the DMV. This form simply states the nature of the charges, the date and location of the arrest, and the name (badge number) of the arresting officer. The form also states that you demand a DMV hearing within 30 days and you demand to be heard in person.

Make sure that you either send the form by certified mail (recipient's signature required) or deliver the form in person to a DMV field office and get a receipt. All the jokes about the DMV's incompetence are not without merit - they can "lose" your notice or say that they never received it.

At The Hearing

Even though you may feel that the evidence is stacked against you, an experienced attorney will be able to dispute many things that may have lead to your arrest. The burden of proof will always rest with the state and they must prove that they have just cause to suspend your license. They must, for example, prove that the police were justified in stopping your vehicle, that they followed the correct procedures, and that they filled out the paperwork accurately.

Never volunteer additional information to the DMV. There is always the possibility that their documentation is inaccurate and they may attempt to fix their mistake error by seeking the correct information from you. Remember, it is their responsibility to prove their case, not yours.

Always seek representation from a DUI defense lawyer in Los Angeles and never attempt to defend yourself against the DMV. Mr. Wolf is the attorney that other attorneys call on when they need representation. He is passionate about defending all citizens' constitutional rights and will not quit.

The Penalties

The government has decided that, unlike other criminal matters, a DUI matter can be tried twice; once by the DMV and again in the courts. The penalties imposed by the DMV are in addition to any penalties that may be imposed in a court of law. Your first line of defense is to obtain a "stay" from the DMV but, in the event that this doesn't happen, you may suffer the following penalties according to the California vehicle code. These penalties are as follows:

First Offense: If you submitted to a BAC chemical test and you recorded a BAC level of 0.08 or more, the DMV can suspend your drivers' license for 4 months. If you did not submit to a chemical test, your driving privileges can be suspended for one year. If this is your first offense, you may be able to obtain a restricted license, which means that you can drive to and from work or school providing that you do not drive under any other circumstances, if you did not refuse to take a chemical test.

Second Offense: A previous DUI conviction will remain on your record for 7 years. If you submitted to a chemical test that recorded a BAC of more than 0.08, your license will be revoked for one year. If you refused the chemical test, your license will be revoked for two years.

Third Offense: If you are proven to have committed a third DUI offense within 7 years your license will be revoked for two years. If you refuse a chemical test, your license will be revoked for three years.

Fourth Offense: This becomes a felony and your driving privileges are revoked for four years.

Enhancements: Enhancements are other contributing factors, when combined with the DUI charge will increase the severity of your punishment. For example:

• Driving more than 20 miles over the posted speed limit
• Driving with a BAC of more than 0.20
• Causing injury
• Driving with an occupant under the age of 14

Your freedom is too important to you, your family, and your future to leave it up to bureaucracy. It is your responsibility and your right to demand a California DMV hearing.

Call the Law Offices of Lawrence Wolf for
a free case evaluation today!

1-866-410-2626