California
law requires that a peace officer—including Orange County sheriff’s deputies,
CHP officers, and police officers from Irvine, Huntington Beach and every other
city to confiscate the California driver’s license from any driver they arrest
for DUI. Consequently, when a peace officer makes a DUI
arrest in Orange County, whether at a DUI checkpoint or as a result of a DUI
investigation after a traffic stop or accident, that officer will take your
California driver’s license and give you a pink piece of paper to act as your
temporary license. The paper also includes a warning that either the driver or
the driver’s Orange County DUI defense attorney must call the DMV to request an APS
hearing within ten days of the DUI arrest. Failure of the driver or their DUI
lawyer to make that call will result in an automatic driver’s license
suspension. The length of the suspension depends on several factors including
whether the driver has any prior DUI convictions as well as the driver’s blood
or breath alcohol level as determined by a breath test or blood test.
When the
driver, or their Orange County DUI Attorney calls the DMV to set the DMV hearing (APS hearing), they will be given the choice of an
in-person hearing or a telephonic hearing. The driver or their DUI attorney
must also be sure to ask for a “stay” of the license suspension as well as “discovery”.
The stay of suspension means that any suspension must not start until and
unless the driver or their DUI defense lawyer loses the DMV hearing. Discovery
means that the police report, the DS 367, and the forensic alcohol report
should all be sent by the DMV to the driver or their DUI lawyer. Then, the DMV
will provide the driver or their DUI attorney with a list of available dates
and times for the hearing. The date of the hearing is usually set about 45 days
from when the driver or their DUI attorney make the call.
driver, or their Orange County DUI Attorney calls the DMV to set the DMV hearing (APS hearing), they will be given the choice of an
in-person hearing or a telephonic hearing. The driver or their DUI attorney
must also be sure to ask for a “stay” of the license suspension as well as “discovery”.
The stay of suspension means that any suspension must not start until and
unless the driver or their DUI defense lawyer loses the DMV hearing. Discovery
means that the police report, the DS 367, and the forensic alcohol report
should all be sent by the DMV to the driver or their DUI lawyer. Then, the DMV
will provide the driver or their DUI attorney with a list of available dates
and times for the hearing. The date of the hearing is usually set about 45 days
from when the driver or their DUI attorney make the call.
When the
time for the DMV hearing rolls around, the driver or their DUI Lawyer in Orange County may need more time to prepare for the hearing.
Government Code Section 11524(a) gives the DMV hearing officer discretion to
grant a request for a continuance by the driver or the driver’s DUI defense
attorney. However, the driver or their lawyer must make a showing of “good
cause” to get a continuance. For example, if the “discovery” didn’t arrive
until shortly before the DMV hearing and the driver’s DUI lawyer wants to
subpoena witnesses or information referred to in the discovery, things such as
audio or video recordings or calibration and maintenance logs for any
breath-testing device used. This would be good cause to grant a continuance to
the DMV hearing. If a continuance is granted, the DMV hearing officer and the driver’s
DUI defense attorney will set a new date, usually three or four weeks down the
road, for the hearing.
time for the DMV hearing rolls around, the driver or their DUI Lawyer in Orange County may need more time to prepare for the hearing.
Government Code Section 11524(a) gives the DMV hearing officer discretion to
grant a request for a continuance by the driver or the driver’s DUI defense
attorney. However, the driver or their lawyer must make a showing of “good
cause” to get a continuance. For example, if the “discovery” didn’t arrive
until shortly before the DMV hearing and the driver’s DUI lawyer wants to
subpoena witnesses or information referred to in the discovery, things such as
audio or video recordings or calibration and maintenance logs for any
breath-testing device used. This would be good cause to grant a continuance to
the DMV hearing. If a continuance is granted, the DMV hearing officer and the driver’s
DUI defense attorney will set a new date, usually three or four weeks down the
road, for the hearing.
If you have
been arrested for DUI, DUI WITH INJURY or a DRUG DUI call The Law Offices of EJ
Stopyro today at (949) 559-5500 for a free and confidential consultation with
an experienced Orange
County DUI defense lawyer . Or visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
been arrested for DUI, DUI WITH INJURY or a DRUG DUI call The Law Offices of EJ
Stopyro today at (949) 559-5500 for a free and confidential consultation with
an experienced Orange
County DUI defense lawyer . Or visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
No comments:
Post a Comment