DUI Lawyer Sacramento – DMV Hearings
The point of a DUI hearing is to try to receive your license back. When the officer makes a DUI arrest, they confiscate the actual license in exchange for a recently arrested driver form called a DMV Suspension Advisement. After the arrest, the license will be suspended within 30 days but during this time, the driver may be able to take action against the automatic suspension. The automatic suspension is based only on the initial facts leading to the arrest, not whether the driver is actually guilty or not. If the driver wants to present his or her own evidence, or challenge the police version of the story, the driver must demand an appeal hearing. Even though it is difficult, there are ways to beat a DMV suspension, especially if the initial stop was illegal. If you were arrested for a DUI call a DUI Lawyer Sacramento at (916) 441-4888 today.
A driver has 10 days from the date of the arrest to request an appeal hearing. Once a hearing is requested, the DMV will pause the suspension until a decision is formed. If a DUI case is not prosecuted after the arrest, then the law requires the DMV to review the suspension and reinstate the license unless they find independent justification for the suspension. If the DMV fails to grant a hearing the driver can appeal the matter to the Superior Court through a “Writ of Mandamus”.
There’s no substitute for a strong DUI Lawyer Sacramento,
call Wing & Parisi at (916) 441-4888.
Law Office of Wing & Parisi
Sacramento DUI & Criminal Defense Attorneys
917 G Street
Sacramento, CA 95814, USA
April 7, 2015
The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.