In the case of a DUI arrest, you need to request a DMV hearing within ten days of the arrest. From the outset, a DUI arrest must be fought at both the DMV and at court. To do that, you need to hire a DUI defense attorney who understands the basics and the strategies at a DMV hearing.
Among the things that need to be considered at the DMV hearing is that it can be very confusing for first-time offenders. People facing a first-time DUI offense often find the procedures unclear, which is why an understanding of the California Vehicle Code is vital. A good DUI defense attorney understands the fundamentals of the DMV hearing and knows how to strategize to get the best outcome for the client.
A good DUI defense attorney must:
• Uncover Relevant Information
Every detail in the DUI arrest, reports filed and test results, are scrutinized by the DUI attorney. Any information that can be used to defend a DUI case is laid out to plan the best possible outcome.
• The DMV Hearing and Court Case Require Different Strategies
While the DMV hearing and court case are both important in a DUI case, one must understand that both are separate. Although, the DMV hearing does not have any effect on the court case, there are times when the results of a DMV hearing can be used in court. A smart DUI defense attorney will be able to use any information from the DMV hearing to aid in resolving the court case.
• Study Any Inconsistencies
One of the things that can greatly affect the results of a court case are inconsistencies in the police arrest report. Many times, discrepancies found between the DMV hearing paperwork and the court case can prove to be a significant factor in the case. A DUI defense attorney must be able to skim out such inconsistencies in the statements or reports and use them in the client’s favor.
• Stall the License Suspension
As required by law, one is required to demand a DMV hearing within ten days of the DUI arrest. A temporary license is issued by the DMV that is effective for thirty days. The demand for a DMV hearing can help in stopping the suspension from going into effect. This will give the DUI attorney time to collect information until the hearing date. Furthermore, the investigation can take up to months and DMV’s decision can also take a long time. A proper defense can successfully set aside a license suspension.
With the right strategy and tactics, a good DUI defense attorney can effectively turn the DMV hearing in the client’s favor. If you are also looking for a DUI defense attorney, contact C . Robert Brooks, who is an expert in DUI cases.