How to get a continuance for a DMV hearing.

March 5, 2012

After a Los Angeles DUI Arrest, the arresting officer will give you 2 documents:

  1. The Ticket for the court.
  2. An “Age 21 and Over Officers Statement” form aka DS-367.

The ticket is the citation to go to court.  Here we are not going to talk about the ticket.  Instead, we will go over DS-367 (Age 21 and Over Officer Statement).  DS-367 is for DMV.  Beware, Los Angeles DUI arrest (as any other DUI arrest) most often will start 2 separate processes that take place in 2 separate places.

  1. Court Criminal Case: where DA will prosecute you for a DUI.  This will take place in one of many Superior Courts in Los Angeles. Such as the Metropolitan Court, the Van Nuys Court, the Airport Court, etc.
  2. DMV Case: where a special branch of the DMV, called the Driver Safety Office, will have a hearing to decide if your license should be suspended.  The hearing will be held in the Driver Safety Office near the location of the arrest.  Such as Orange County cases are held in Orange County Driver Safet Office located in the city of Orange.   Cases in South and West LA are held in El Segundo Driver Safety Office located near Imperial and Sepulveda.  Cases in the Valley are held in Van Nuys Driver safety office, etc.

WHAT IS DS-367

The DS-367 is a temporary license.  It is pink in color.  It serves a notice of suspension that will happen in 30 days.  It also is a notice of a hearing.  If you read it carefully, you will see that you got only 10 days to request a hearing.  The DMV will hold the hearing without you unless you request a formal hearing at which you can present evidence and, establish a defense and keep your license.  The right to request this hearing expires 10 days after the date of the arrest.  The DMV is very harsh on the 10 days rule and if you did not request the hearing you will need a Los Angeles DUI Attorney to help you.

FORMAT OF THE HEARING

Experienced Los Angeles DUI Lawyer will do it for you and will also schedule such a hearing with sufficient time to prepare a defense. If you do request the hearing within 10 days of the arrest, the DMV will not schedule a hearing date until it receives the paperwork from the arresting officer. The hearing takes place in a small office and can be done by telephone.  You can request that the hearing is held in person and the law allows you to object to telephonic hearing and to have an in-person hearing:

Administrative Procedures Act Section 11440.30:  “Conduct of hearings by telephone, television or other electronic means, …(b) the Presiding Officer may not conduct all or part of hearing by telephone, television, or other electronic means if a party objects”.

WHEN DO YOU WANT TO CONTINUE THE HEARING? 

There is only one reason you can continue a hearing: you are not ready because you need to present evidence that you do not have yet.  This evidence may be (1) interview with a witness; (2) videos from police body camera or dash cameras; (3) CAD logs; (4) breath machine logs; (5) expert testimony, etc.  But, when you continue a hearing – your driver’s license continues to be valid until the hearing.

The hearing officer can continue the hearing if he wants but may try to continue only for two weeks.  Your DUI defense lawyer will usually get a longer continuance from the DMV.  Even if the DMV denies a continuance, you can still continue the case by “re-convening” on a different date to conclude the hearing.   Often DUI defense lawyers will ask for a request to reconvene instead of continuance.  This happens when the DMV starts the hearing by introducing its exhibits.  After introducing evidence (you must lodge objections), the DMV can conclude its case and if a request to reconvene is granted, a new date will be picked.  When the records are introduced, objections can be made to the introduction of DMV evidence.  Skilled Los Angeles DWI lawyers will know how to fight and what to do to fight the DMV case.  Without legal training and experience, the DMV will overrule the objection and move the documents into evidence.  The DMV can overrule the objection but the chances to win are higher.  Experienced DUI attorney in Los Angeles will know how to win your DMV case.

For more information about hiring DUI Attorneys in Los Angeles contact us through our website or toll-free by calling the attorney directly.

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