DMV Hearings

San Leandro DUI Attorney

Have you been arrested for a DUI and has the arresting officer taken your driver’s license and given you a paper temporary driver’s license. If so, you must contact the DMV and request an administrative hearing.

What is an administrative hearing?

In most circumstances where DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence supporting it. A person must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearing proceedings are tape recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department.

At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings.

Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV’s decision or to file a lawsuit in a civil court against the DMV.

John T. Bell is an experienced San Leandro DUI attorney and will represent you at the administrative hearing. Mr. Bell has handled hundreds of administrative hearing from start to finish. Mr. Bell will contact the DMV on your behalf, schedule the hearing, and obtain all necessary evidence in support of your defense before the DMV.

Special Bus Certificate

Are you a school bus driver? Has the DMV notified you that it is going to suspend or revoke your special bus certificate. If so, please contact the Law Offices of John T. Bell to discuss your case with the DMV. John T. Bell has handled hundreds of special bus certificates hearing. It is extremely important for a school bus drive to have competent legal representation at any DMV hearing.

Usually, the DMV will notify a school bus driver of its intention to revoke or suspend the driver’s special bus certificate through the mail. The DMV will inform the driver that suspension or revocation will go into effect on a specific date and the driver has a limited amount of time to contact the DMV to schedule hearing to set aside the suspension or revocation.

At the hearing, the DMV will present whatever evidence it has to support the suspension of revocation of the driver’s special bus certificate. The driver will be give an opportunity to present to the DMV whatever evidence the driver has to set aside the suspension of revocation. If the driver is successful, then the suspension or revocation will be set aside. If the driver is unsuccessful, then the revocation of suspension will remain in effect. Usually, the unsuccessful driver has a right to request a review of the DMV’s

Contact San Leandro DUI Attorney John T. Bell for Consultation

Have been arrested and charged with a DUI? Contact Bay Area DUI lawyer at The Law Offices of John T. Bell for free consultation. Protect your rights, call us today.