DMV hearing

[tazz13]

What is the name of your state (only U.S. law)? California
I have a post under "Grounds for DUI" but wondering if anyone has gone to a DMV hearing in person without counsel and had their license returned to them. Any advice? We can't afford an attorney and are going to go fight on our own.

[CdwJava]

Originally Posted by tazz13

What is the name of your state (only U.S. law)? California
I have a post under "Grounds for DUI" but wondering if anyone has gone to a DMV hearing in person without counsel and had their license returned to them. Any advice? We can't afford an attorney and are going to go fight on our own.

As a note, you will have no official standing at the DMV hearing. The hearing officer does not even have to let you speak if he or she does not want to.

The hearing is concerned with three things:

Did the peace officer have reasonable suspicion to believe she was driving a motor vehicle in violation of CVC 23152? Was she placed under lawful arrest?
Was she driving a motor vehicle with a BAC of .08 or higher?

- Carl

[BigMistakeFl]

From my experience and unscientific research, rarely does the driver prevail in the DMV hearings, with or without representation. Listen to Carl above, he's probably been the cop attending those hearings many times.

The advantage to taking your lawyer is not that you will get the citation and arrest overthrown (get your license back) but so that your lawyer may gather much of the case the prosecution will have against you in the court case (discovery).