Contra Costa DUI Attorney Contra Costa DMV Hearing Lawyer

Contra Costa DMV Hearing

Before a DMV hearing officer can make the ruling to suspend your license, all of the following must be proven at an Administrative License Suspension hearing (ALS hearing): the Contra County law enforcement officer had reasonable cause to pull you over, the arrest was lawful, and your blood-alcohol concentration (BAC) was 0.08% or higher at the time you were driving.

At the time of your DUI arrest, you were likely issued a pink "Notice of Suspension." You have ten (10) calendar days from the date of issuance to request an ALS hearing with the DMV's Driver Safety Office. If you fail to schedule a hearing within that time, you loose the right to a hearing, and your license will automatically be suspended—the length of time depending on how many prior drinking and driving convictions you have.

Any documents you receive should be carefully read as they may provide deadlines and explain your rights in the ALS process. Because each case is different, The Law Office of Robert Tayac is prepared to meet with you regarding your individual hearing to answer any questions you may have. One important fact to note is that your DMV hearing is completely separate from your criminal trial. The outcome of one does not affect the other.

Just as you will have rights in your court trial, you also have rights in the DMV hearing. You have the right to review any evidence and cross-examine any DMV witnesses. Because the DMV does not have to call witnesses and can still base its decision on documents submitted, it is your responsibility to subpoena anyone who prepared, or is listed on, the documents. If you want to review any evidence submitted against you, you must make this request verbally or in writing ten (10) days prior to the date of your hearing. You also have the right to submit evidence and witnesses on your behalf. You will be required to pay any witness fees, including mileage to the hearing. Finally, you have the right to be represented by a DMV hearing lawyer, although public defenders are not provided. For all these reasons, it is crucial you retain the services of a qualified and knowledgeable DMV hearing lawyer as soon as possible.

As your legal representatives, The Law Office of Robert Tayac will submit evidence on your behalf in the form of accident reports, medical records, photographs, sworn affidavits, sworn testimony, and/or other pertinent items. We will also help prepare any witnesses for the ALS hearing.

If you cannot attend your hearing, or your hearing is not scheduled within thirty (30) days of the date of your arrest, it is possible to request a "continuance." Even if you fail to show up, and you are not responsible for causing a delay, the continuance may still be granted. However, all of this can be avoided by choosing a DMV hearing attorney to represent you.

After the hearing, you will be notified in writing of the DMV's decision to continue your license suspension or grant you your driving privileges. If your suspension is upheld, you have the right to appeal the decision to the DMV and the Superior Court. The appeal must be requested according to the laws pertaining to your case. All appeal information will be provided to you with the decision notice.

Contact the Law Office of Robert Tayac today to begin the process of protecting your rights and driving privileges. Call today, (800) 901-1888.

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