DMV Hearings
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Department of Motor Vehicle Hearings

Department of Motor Vehicle HearingsDMV Hearings may be classified into three categories: 1) The Administrative Per Se or APS Action; 2) the Physical and/or Mental Evaluation (P & M); and 3) the Negligent Operator Hearing.

The most common hearing is the Administrative Per Se or APS Action. An APS Action takes place when: 1) a person is arrested for DUI (driving under the influence) and there is a blood alcohol content of a .08 or greater; or 2) the blood alcohol content is .01 or greater and the person is under 21 years of age or on probation for a previous DUI conviction; or 3) the arrestee has refused to take a chemical test. If any of these has transpired the arrestee will face a criminal court proceeding and a DMV proceeding.

If one is arrested for DUI they will be given a pink piece of paper which not only acts as a temporary license for thirty-days, but it also gives the arrestee very important instructions: they MUST CONTACT the DMV in 10-DAYS to preserve their right to a hearing. This is important for several reasons, but the main concern is that the DMV will take the arrestee's driver's license after the pink temporary license expires if they do not contact the DMV. This suspension may last from 30-days up to years depending on the present circumstances and the arrestee's prior record. The APS Hearing request entitles the arrestee to a hearing on the issues (which may not be readily apparent to the non-DMV attorney) and delays any suspension while this process takes place.

The Physical and/or Mental Hearing occurs most often with seniors, but may also occur when a person has a medical condition which prevents them from safely operating a motor vehicle. This Hearing is usually instigated, because the police have observed some type of reckless driving or a doctor is treating their patient for a condition where there is mandatory reporting (such as a seizure disorder). Regardless, when a person is reported to the DMV, the DMV will suspend their license unless and until they are able to rectify the situation. Sometimes DMV will return the license when a doctor completes the DMV's form stating that the person is no longer suffering from the medical condition. A senior may also request a hearing to explain that the reckless driving was a one-time occurrence based upon special circumstances and their license should be returned. The DMV Hearing Officer, based on the information they receive, will make the determination if they continue the suspension, restrict the driver's license to a certain area or time of day, or return the driver's license.

For more information visit: DMV Offices or The DMV is frustrating, but you may not want to do this...

The last category of DMV Hearings is called the Negligent Operator Hearing. When a person obtains 4 points in a one-year period, DMV will suspend their license for a 6-month period and place them on a one-year probation period unless they request a hearing within 10-days. It is important to request this hearing to try and retain one's driver's license. At this hearing, one should explain the circumstances of each point on their record, take responsibility for the action, and explain how they have since changed their driving habits to become a better driver. They should also explain why they need their driver's license, including how many miles they drive for work and/or school. The DMV Hearing Officer will then make a decision which can range from returning the driver's license and placing the person on probation to suspending the driver's license for a shorter period than 6-months or upholding the maximum penalty.

Negligent Operator Hearings

Medical/Mental Suspension

DUI Attorney

For more information visit: Orange County Legal Resources or The Department of Motor Vehicles
or DMV Hearings Office

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in DMV and DUI hearings.

 

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USA
J Phone: 949-275-6377