DMV_Hearing

DEPARTMENT OF MOTOR VEHICLES HEARING (DMV HEARING)

There are many authorities under the vehicle code that gives the California Department of Motor Vehicles (DMV) the power to suspend or revoke a person’s driver’s license.
If the Department of motor Vehicles (DMV) chooses to suspend or revoke a person’s license, that person is entitled to a hearing if that person or his or her representative requests a hearing in a timely manner.  If the person was served with personal notice of the suspension, then the person has 10 days from the date of notice to request a hearing.  If the person was served with notice of suspension by mail, then the person has 14 days from the date of notice to request a hearing unless it is a suspension for driving under the influence (DUI) which is 10 days from the date of notice. If the person does not request a hearing in a timely manner, then the right to a hearing is waived.
Some of the most common Department of Motor Vehicles hearing (DMV hearings) are:

  • An administrative Per Se hearing is for driving under the influence (DUI).  At an Administrative Per Se hearing the only issues that the Department of Motor Vehicles (DMV) may consider are: a) did the officer have reasonable cause to believe that the person was driving in violation of the driving under the influence (DUI) laws, b) was the person lawfully arrested, c) at the time of driving, did the person have a blood
    alcohol of .08% or more by weight or if the person was under 21 at the time of driving, did the person
    have a blood alcohol of .01% or more by weight.

If the Department of Motor Vehicles (DMV) find all three issues true by a preponderance of the evidence, then a person’s driver’s license will be suspended.  If a person was over the age of 21 at the time of driving and it was the person’s first driving under the influence (DUI), the period of suspension is for four months, but that person may apply for restricted license after one month of suspension if he or she fulfills certain conditions.

  • A Department of Motor Vehicles hearing (DMV hearing) concerning too many points on a person’s
    driver’s license (4points in one year) is a negligent operator hearing.  The issue is whether the person is a negligent driver.  The Department of Motor Vehicles (DMV) has discretion to suspend a person’s license
    or not.  The suspension can be up to 6 months and in some cases up to a year.
  • If a person’s physical or mental health is at issue (Physical and/or Mental hearing / P and M hearing),
    the Department of Motor Vehicles (DMV) may require the person to come to the Department of Motor Vehicles (DMV) for a reexamination or the Department of Motor Vehicles (DMV) may suspend the
    person’s driver’s license outright if the Department of Motor Vehicles (DMV) felt that the person is
    unsafe to drive.  The issue is if the person’s physical and/or mental condition renders that person unsafe to drive.  The Department of Motor Vehicles (DMV) can suspend a person’s driver’s license indefinitely until evidence is presented to the Department of Motor Vehicles (DMV) that the person’s physical and/or mental condition no longer renders the person unsafe to drive.
  • There are drivers that the Department of Motor Vehicles (DMV) deem unsafe and dangerous on the road.  If a person falls into this category, the Department of Motor Vehicles (DMV) may suspend the person’s driver’s license indefinitely if the Department of Motor Vehicles (DMV) determines that the person is an unsafe driver.  Some of the persons in this category are chronic or habitual drug and alcohol users, persons
    at fault in accidents that cause bodily injury or death, and persons who lack skill in driving.  A person must present evidence to the Department of Motor Vehicles (DMV) that he or she is no longer an unsafe driver
    in order for the person’s driving privilege to be reinstated.