APS DMV Hearing
Most DUI arrests will require not only an appearance in the Superior Court, but also a DMV hearing in a Drivers Safety DMV office. The process starts with a police officer issuing a temporary driver’s license to a driver he sites for a DUI or to a driver who drives in violation of other DUI related law, such zero tolerance law for persons on DUI probation, minors, or an underage driver’s DUI.
The temporary driver’s license is issued by the citing law enforcement officer on a standard multi-page DMV form, DS-367 which will give the driver an option to request a hearing. We often recommend requesting a hearing for most Los Angeles DUI arrest because the suspension or revocation of the driver’s license can be automatic without the hearing request. There are however instances where the hearing should not be requested because it gives an opportunity for the DMV to look at the record of the driver arrested for a DUI and schedule a much more severe driver’s license consequences. If the hearing is not requested within 10 days of the arrest, the driver’s license will be suspended or revoked depending on the legal consequences of the citation and the prior record of the driver. Drunk-Driving Attorneys in our office specialize in defending drivers in court and at the APS DMV level. We can provide quality representation at often below the market rate prices simply because our overhead is negligible and we are happy to pass the savings to our clients.
The DMV action is considered administrative in nature and does not involve mandatory appearance. We can handle the APS DMV hearing often by telephone in the event you are unable to afford an in person hearing at the Driver Safety office. The DMV procedure permits testimony by telephone; so that we can even have an expert testify at your defense by telephone. Expert testimony is often crucial because it will allow shifting burden to the DMV, who then must call their own expert to rebut respondent’s argument. It is not uncommon for the DMV to fail to call their own expert, which creates a strong case for a set aside, simply because respondent’s expert is able to testify that it can not be concluded by the preponderance of the evidence that respondent was not over the legal limit at the time of driving.
Once the DMV receives copy of DS-367 form from the officer, they will generate a suspension/revocation of driving privilege letter and mail it to the last known address. If the request for a hearing is received in time by the Driver Safety office, you can ignore the letter or call the DMV to confirm that the suspension will not take effect until the hearing.
Prior to the hearing, the DMV will mail copy of the police report and the DS 367 form to your attorney. Many of the hearings can be won on evidentiary objections because the arresting officers do no fill out the form correctly. The DMV will hold a hearing, called Admin Per Se hearing (APS) where it will try to establish if the driver had a blood alcohol level above the legal limit. Our job is to convince the DMV that it is not possible to prove that you drove the vehicle and at the time of driving you were above the legal limit. Please call our office for a free consultation. We do hope we get the chance to defend you at your APS DMV hearing in Los Angeles.