{"id":230,"date":"2011-06-27T18:18:32","date_gmt":"2011-06-27T18:18:32","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/3-huge-keys-to-winning-your-dmv-aps-hearing-on-a-california-dui\/"},"modified":"2020-10-30T20:47:29","modified_gmt":"2020-10-30T20:47:29","slug":"3-huge-keys-to-winning-your-dmv-aps-hearing-on-a-california-dui","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/3-huge-keys-to-winning-your-dmv-aps-hearing-on-a-california-dui\/","title":{"rendered":"3 Huge Keys to Winning Your DMV APS Hearing on a California DUI"},"content":{"rendered":"

\"\"<\/a>If you have been arrested for a DUI, you likely searched the internet for a lawyer to represent you.\u00a0 In your search, you likely learned that you will lose your California driver license unless you schedule a DMV Administrative Per Se (APS) hearing within 10 days.\u00a0 Chances are, you then searched the internet for ways to win the DMV APS hearing, and here you are, reading this post.<\/p>\n

There are 3 key things you can do to maximize your chances to winning your APS hearing and saving your California driver license.\u00a0 I will go through these one by one.<\/p>\n

First, know the law.\u00a0 This is numero uno.\u00a0 In California, the DMV APS hearing is governed by various codes, statutes, regulations, and case law.\u00a0 The California Vehicle Code, California Government Code, California Evidence Code, California’s Title 17 of the California Code of Regulations, and various court decisions are the most important laws that you need to be familiar with in order to win the hearing.\u00a0 Let me give you a great example of why this is so important.\u00a0 The very first DMV APS hearing I ever conducted was a win.\u00a0 I started out 1-0, 100%.\u00a0 Now, the facts of the case were horrible.\u00a0 There was no question my client was guilty of a DUI.\u00a0 There was no question that my client deserved, under the law, to have his license suspended due to drunk driving.\u00a0 However, included in the many laws that apply to APS hearings, are many very technical and nit-picky hoops that law enforcement and the DMV have to jump through in order to be able to suspend a person’s license.\u00a0 I knew the smallest details of these laws, and I knew that law enforcement did not follow them to the T in this case.\u00a0 End result?\u00a0 Because I was able to show that law enforcement didn’t follow the law as precisely as they were supposed to, the DMV was unable to suspend my client’s California driver license.\u00a0 Moral of the story?\u00a0 Even if you’re guilty of a DUI, you can save your license if you know the law.<\/p>\n

Second, prepare.\u00a0 You need to prepare for the hearing before you show up for the hearing.\u00a0 You need to know the facts better than the DMV hearing officer does.\u00a0 This means that you must have read the entire police report, all the lab results, all the witness statements and any other evidence the DMV has.\u00a0 It is extremely common for the DMV to send this to you just a couple days or even the same day as the hearing itself.\u00a0 The DMV does this because they don’t want you to have time to prepare for the hearing.\u00a0 In a recent case that just came out in April 2011, a California Appellate court reaffirmed the fact that you have a due process right to receive the evidence before the hearing, and that the DMV must send it to you so that you have enough time to prepare.\u00a0 When the DMV denies you enough time to prepare, they are at the same time denying you a “full and fair opportunity to present a meaningful case.”\u00a0 Preparing for your DMV APS hearing may include hiring an expert witness, such as a forensic toxicologist, to testify at your hearing.\u00a0 It may mean having other witnesses show up at the hearing, or it may mean you have to subpoena more records from law enforcement agencies.\u00a0 In order to do any of these things, you need to have enough time to get them done.<\/p>\n

Third, hire an attorney to do 1 and 2 for you.\u00a0 The average Joe is extremely unlikely to be able to do 1 and 2 by him or herself.\u00a0 The best way to win your DMV hearing is to have an experienced and knowledgeable DMV\/DUI lawyer handle it for you.\u00a0 Sure, you’ll have to pay the lawyer to do it.\u00a0 But if you don’t hire a lawyer, you’ll really pay for it–by losing your driver license.<\/p>\n

If you are interested in hiring a DMV\/DUI lawyer represent you in your California DMV APS hearing, act right away.\u00a0 Putting it off can only hurt your case.\u00a0 To learn more about me and how I may be able to help you, go to http:\/\/www.lounsberylaw.com\/<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

If you have been arrested for a DUI, you likely searched the internet for a lawyer to represent you.\u00a0 In your search, you likely learned that you will lose your California driver license unless you schedule a DMV Administrative Per Se (APS) hearing within 10 days.\u00a0 Chances are, you then searched the internet for ways…<\/p>\n","protected":false},"author":10,"featured_media":242,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[5],"tags":[101,23,102,7],"class_list":["post-230","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-california-dui-law-blog","tag-aps-hearing","tag-dmv","tag-dmv-hearing","tag-dui"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=230"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/230\/revisions"}],"predecessor-version":[{"id":5695,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/230\/revisions\/5695"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}