Delay in court hearing?

[kelvinjai76]

What is the name of your state? CA

Here is my story. I got arrested coz of DUI on 11/12 (one month ago). They took my license and kept me for 10+ hrs =( Anyway, when they released me they gave me a court hearing notice and the date is 12/12. After some dicussions with my friends, I hired an attorney and they filed a DMV hearing for me within 10 days.

So I wait and wait.. the attorney told me that they didn't hear anything from DMV and I receive nothing from the court or DMV either. My attorney even tell me my name was not on the court's calendar yesterday. The court said they haven't filed the charge yet but will mail me the info if they decided to charge me. My attorney said he awares of the short-handed situation in my court (Pleasanton, CA) and will call DMV and check out my license's status.

Questions:
1) Is it normal to have a delay in BOTH DMV and court hearing?
2) Does it matter which hearing come first? DMV and court hearing..
3) If the delay is normal.. usually how long is the wait? Is there anything I can check my status online?

Thanks!

[garrula lingua]

Attys usually want the DMV hearing first: they get a shot at the cop - see how s/he testifies and try to find anything in the cop's DMV testimony which can be used agin him/her at trial.

Your atty probably asked to continue the DMV hearing, or possibly the cop didn't process the paperwork promptly.
The Prosecutor has one year to charge you; as long as DMV isn't suspending your license, you should be good with them (but check the paperwork you were given when you were stopped - one form should have advised you that after 30 days your DL was suspended; if so, check with your atty about the DMV delay).

[CdwJava]

Originally Posted by garrula lingua;

Attys usually want the DMV hearing first: they get a shot at the cop - see how s/he testifies and try to find anything in the cop's DMV testimony which can be used agin him/her at trial.

Which is why I simply refer to my report and the DS 367 at DMV hearings. Unfortunately, if the DMV Hearing Officer is green or easily intimidated, the attorney can get away with trying to compel answers from the officer that he otherwise has no right to. I just return to the report.

- Carl