California Drivers License Suspension or Revocation?
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The 10 biggest mistakes you must avoid
if you want to stop the suspension of your California Drivers License
(1)
Failing to request a DMV hearing immediately.
Warning
You must demand an Admin Per Se Hearing Now
10 Day Deadline
Avoid this trap
If you fail to request a DMV APS Hearing within the ten day deadline you will lose your drivers license in 30 days for several months or years before you have a chance to fight and save the California drivers license.
You can Stop the Suspension now.
Our law firm will request a DMV hearing for you.
We can get a "Stay" of the license suspension and will contest the suspension.
You should be able to continue to drive while we wait for a hearing date and
avoid the immediate suspension of your california drivers license that would take effect over the period of weeks or months it takes to get a hearing.
Consider the impact of losing your license on employment, freedom of mobility, family obligations, and the rest. You really should do your best to fight a suspension of your license.
(2)
Failing to hire an attorney now and, if possible, a Law Firm with a Specialty in Drivers License defense and Admin Per Se Hearings and Appeals
The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. What should you do? You need legal advice and fast. You want an attorney who knows how to handle your case.In any drivers license case, you should be represented by a competent defense lawyer. You must find and retain the right lawyer or risk the consequences of loss of your drivers license.Hire the best attorney you can afford immediately following your arrest, you won't miss any deadlines.
(3)
Hiring an attorney based on the amount of the Attorney's fee alone.
The amount a lawyer charges in fees, for most of us, is always a consideration. However, anyone who knows will tell you that it could be the single biggest mistake to hire a lawyer based on the fee alone. You want to search for the best lawyer or law firm available and then consider the financial cost.
What kind of lawyer do you want to protect and defend you? Our advice is simple: get the best lawyer you can find. Top lawyers can charge top fees.If money is an issue then our advice is still simple: get the best lawyer or law firm you an afford. Our firm offers a free initial case interview. Take the time to review your particular situation with us and discuss your payment options. Then you decide.
The State and Government prosecutors have almost unlimited resources when it comes to prosecuting your case against you.. You need to hire an attorney or law firm and pay a fee which compensates for the expertise skill and time and effort put into your case to counter the prosecution.
Look for a lawyer or law firm worth spending dollars with , not the lowball" "cheapie bargain".
(4)
Failing to consider the impact of loss of drivers license on special concerns in your life.
You certainly have personal interests individually important to you. All too often these concerns are overlooked when evauating the seriousness of facing a loss of California drivers license. This is a mistake. Examples include: (1)impact on future educational and employment opportunities. (2)impact on current employment or professional licensing. (3)Car Rentals/ Identification/Flight travel(4)Family (5)child custody/visitation (6)Pilots-licensing (7)community embarrassment
(5)
Failing to examine and question the Evidence.
Why would anyone take a license suspension without looking at the evidence upon which the case stands? A a drivers license suspension prosecution should not result in your loss of license without sufficient evidence, unless you unwittingly fail to demand proof. What evidence do they need to suspend? What evidence do they have? Is the evidence legally admissable against you? Can you be suspended on "Hearsay" alone? If the evidence or statements made against you are unreliable or involve mistakes can they be challenged successfully? One mistake can be crucial in your defense.
(6)
Assuming the Case Can't be Won.
Assuming that the case can't be won is the number one biggest mistake that you can make in facing a DMV Admin Per Se drivers license suspension. You would be amazed at the potential array of defenses available and the results that were initially unforeseeable, which ended without a suspension of drivers license.
Additionally, even in the most difficult of cases it is always wise to explore the possibility of reducing the term of suspension.
(7)
Failing to find out if the law was violated by police and investigators in making the arrest and gathering and reporting the evidence.
Without an experienced lawyer how will you find out if the rules were not followed? The "evidence" can be attacked when it is discovered that the rules were not followed properly. California has legal rules which require how evidence is gathered and what evidence is necessary to justify an arrest or prosecution. One mistake can be crucial in your defense. "Mistakes" mean unreliability of the evidence. The law details how scientific tests are to be administered and how the devices are to be maintained, repaired and calibrated. Expert review of these tests are relatively inexpensive given the seriousness of the consequences.Why would anyone plead guilty to this crime without looking at the evidence upon which the case stands? Find a lawyer that has experience in successfully challenging these test results. no matter how high, and find out if you may avoid asuspension of your drivers license.
(8)
Asking for mercy, on your own.
The DMV is without power or authority to not suspend your license because of your unique critical need and upstanding good record, in an APS hearing. You are left only with the option of a sufficient legal defense. Most lawyers are not equipped to handle these matters, let alone an unrepresented person.If you hear that it is no use to fight the suspension, this is the sad situation that gives rise to that mistaken belief.
There are no guaranteed winners in this game; but don't make yourself a guaranteed loser.
(9)
Talking to anyone but an attorney about your case.
Anything you say to others can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you. It is in your best interest to remember the details of your arrest. It will help you in your defense.
(10)
Think that talking to numerous attorneys will help you handle it on your own.
If at all possible you need to have an attorney go to DMV with you. Who that lawyer is, and the experience and qualifications of your lawyer is your choice. Make your best choice and give yourself the best protection you can.
What are your choices?
Most everyone knows that it is always unwise to face the Government without the help of the best lawyer you can find. You know that a criminal charge is serious to you. Can you afford to take chances with your life, your employment, or your future?
You might wish to consider the following things when selecting your lawyer:
1) Qualifications in Criminal defense and Civil Administration Hearings and Prosecutions
2) Price/Cost of the Lawyer
The amount a lawyer charges in fees, for most of us, is always a consideration. However, anyone who knows will tell you that it could be the single biggest mistake to hire a lawyer based on the fee alone. You want to search for the best lawyer or law firm available and then consider the financial cost.
3) Yellow Pages, Direct Mail, Television, Advertising
These places are full of lawyers advertising. Some good lawyers advertise and can be found this way. The biggest problem is weeding out the pack.
4) Referral
5) The Internet
An excellent source of information without the individual limitations of conventional advertising. Qualifications and experience in specific areas of the law can be researched in ways never before available. Do your research, make personal contact by phone and, if necessary, in person. Get yourself the best lawyer for your situation at a fee you can afford. It is true that frequently the cost of hiring a specifically qualified Defense Attorney can be considerable and not in the reach of everyone. However, it is advisable to take the time and effort to explore this option. You may be surprised at how helpful a successful and committed lawyer or law firm may be to you.
6Do it yourself if you must - "a fool for a client"
If you are facing these serious charges without a lawyer, and you have not entered a guilty plea, you still have an opportunity to obtain representation in your case.
FREE initial consultation.
Ten important facts regarding your California Drivers License
Do you want to get an idea how Mr. Moore's Law Firm defends his clients against the APS DUI drivers license suspension? click here: Winning Defenses Against License Suspension, California State Bar presentation materials for the State Bar Convention by, DUI Attorney Randy Moore. Attorneys statewide attend to hear from the expert.
One.
If you need to save your driver's license or privileges, you or your attorney have only ten (10) days to contact the DMV! Otherwise the DMV says the suspension will take place in 30 days without a stay of suspension pending hearing.
Two.
The ten (10) day time limit is computed from the Issue date of the ORDER OF SUSPENSION / TEMPORARY DRIVER'S LICENSE ENDORSEMENT. If time is running out or you are late, contact an attorney ASAP.
Three.
ORDER OF SUSPENSION/TEMPORARY DRIVER'S LICENSE ENDORSEMENT is the pink California DMV paper (called a DS 367-2 ).
If you are under age 21, the DMV paper is slightly different.
Four.
Even if you did not receive this DMV paper,ORDER OF SUSPENSION/TEMPORARY DRIVER'S LICENSE ENDORSEMENT the California DMV will probably take action against your driving privileges.
Five.
Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.
Six.
Your TEMPORARY DRIVER'S LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY LICENSE will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
Seven.
Do not confuse this initial 30 day TEMPORARY DRIVER'S LICENSE with your court date! The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER'S LICENSE is good "until the court date"(See driving on a suspended license penalties). It can be months before your DMV hearing takes place.
Eight.
There are three (3) stated issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)In reality there are many, many evidentiary, factual,procedural, and legal defenses.
Nine.
The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on only two (2) issues, you win!
Ten.
All your attorney has to do is "knock out" one (1) DMV issue to save your license. You may avoid any reissue fee and/or Proof of Insurance SR-22 filing!
I've just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $100.00 reissue fee to the DMV and you file proof of financial responsibility. If it is determined that there is not basis for the suspension or revocation, your driver license will be issued or returned to you.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation is not justified.
For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
Defense by California Attorneys Randy Moore, Tanya Levinson, LeRoy Falk, and Associate Attorneys
of The Moore Law Firm
The Legal Team
The Moore Law Firm
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Senior Law Partner
Randy Moore
Attorney Biography
Law Partner
Tanya Levinson Moore
Attorney Biography