I received two set aside orders last week from the DMV. It has become increasingly difficult to win DMV hearings in DUI cases, so it is always satisfying to help clients avoid a suspension.
The first hearing was for a client who had been arrested for a second DUI and was facing a one-year suspension. The circumstances of his arrest were that the police approached him to perform a “welfare check” because bystanders had called the police to report that he was passed out behind the wheel. However, the car was in a parking lot, and although the engine was running, the vehicle was “parked” and the DMV hearing officer agreed that there was insufficient evidence of actual driving.
The second DMV win was based on a problem with the paperwork filed by the arresting officer. The officer had provided incomplete and inconsistent information in his sworn statement for the DMV. The DMV had issued a subpoena for the arresting officer to testify, but he failed to attend the hearing. The DMV hearing officer wanted to continue the hearing, but following my objection to a continuance, set aside the suspension proceedings.
Winning a DMV hearing for a client arrested for DUI is both the most challenging aspect of any case and, for many clients, the main reason for hiring an attorney. A license suspension can lead to the loss of employment and is often the main priority for someone charged with DUI.
My partner, Jeff Gold, and I have handled hundreds of DMV hearings over many years of defending DUI cases in Los Angeles and Orange County. We know what issues to look for and what works. If you have questions about the DMV and your license following a DUI arrest, please call us at 800-716-6791 today.