Every DUI in the Bay Area, California triggers two separate and totally different types of cases. The first case involves the Superior Court system and the second charge brought against someone who was arrested for drinking and driving involves the Department of Motor Vehicles and an administrative per se or APS case. Hearing topics are specified in California Vehicle Code CVC 13558.
Due to the strict policies and guidelines of the Vehicle Codes, the drunk driver usually misses the DMV hearing. In most of these cases, the person who was charged with a DUI does not understand the 10-day limit and ends up waiving their hearing rights due to time constraints. Whether your attorney or yourself can win at the DMV hearing or simply have the “action set aside” at the hearing, it presents a great bargaining tool for the court proceedings to follow. Due to time constraints, the DMV hearing is almost always the first, and a win in the first round always helps the next round.
When a criminal defense attorney begins their arguments at the courthouse plea bargain, presenting a victory at the DMV hearing can help present your case well and give you a good chance of winning at trial. It is important to remember that during the DMV hearing, he will be playing by a completely different set of rules than the court case.
Few, if any, criminal court rules apply since the DMV hearing is an administrative one and a different set of rules of evidence and procedure apply here. With codes written some time ago and before the Bay Area experienced such an increase in DUI arrests, it’s hard to believe that where a vehicle code exists, it usually trumps the Government code section. This means to you that a citizen’s statement written in a police report IS objectionable just as much as the results of chemical or breath tests often lack the basis they need to stand up to the real arguments.
This is where the citizen accused of DUI begins to realize that obtaining an attorney and getting a good criminal defense attorney can be imperative to maintaining a driver’s license once arrested on drunk driving charges.
A good criminal defense DUI attorney can help anyone understand the complexities and loopholes that come with a DUI arrest. Help the arrestee not feel like a victim and help them understand that each case is unique and only a qualified attorney can help guide the average citizen through the entire lengthy and slow process.
In the US and everywhere these days, having your driver’s license can be extremely important to your daily life and routine. If used for the primary form of transportation from work, school, shopping, and of course events, not having your vehicle or driver’s license can change a person’s life dramatically. Making sure you speak with a qualified defense attorney who has a good voice and experience in DUI law is important to winning your DMV or Criminal Court case.
Reaching these attorneys in a timely manner and completing all necessary forms is also important if you are arrested on DUI charges in the Bay Area or anywhere in California. A good defense attorney will guide you through the process, fill out the necessary paperwork and forms for both the court system and the DMV process, and generally help you feel comfortable and informed about DUI lawsuits. drunkenness he faces.