California Administrative DMV Hearings
When the California Department of Motor Vehicles is suspending your driver’s license, revoking your driving privileges, or threatening to do so, you should know that you have a right to challenge the actions taken against you and protect your driving privileges.
When you receive notice of a potential driver’s license suspension or revocation, you will have the opportunity to request and attend a hearing in order to oppose the cause of action. The following is a brief list of some of the most common reasons why a person’s driving privileges can be suspended or revoked, and why a DMV hearing may be necessary. DMV hearings in California, are in most cases, separate from any court proceeding. They are administrative and have bearing on your ability to drive.
California DMV Hearings Resulting From a DUI Arrest
Depending on the facts of your case, if you were arrested for driving under the influence of a controlled or uncontrolled substance, the California Department of Motor Vehicles will likely seek to suspend your driver’s license. Pursuant to Senate Bill 1046, however, those convicted of a DUI charge may be able to lift the driving suspension if the licensee installs an ignition interlock device on his or her vehicle. A driving suspension reinstatement will be made if the driver is found attempting to tamper with or remove the device. This is one type of license suspension that is somewhat related to a criminal court proceeding. While the run concurrently, they are two separate cases a defendant (accused), can defend themselves at.
DMV Hearings for Contesting a Negligent Operator Suspension
Drivers who receive too many points on their driver’s record can face accusations of being a negligent vehicle operator and will likely have their driving privileges suspended or revoked. The California Department of Motor vehicles imposes a point system for certain California Vehicle Code violations, which includes traffic tickets, auto accidents, DUIs, and other criminal traffic offenses.
Suspensions and Revocations Resulting From Physical or Mental Conditions
Drivers who have a physical or mental health condition that affects their ability to drive safely may face a license revocation. Certain medical conditions that could lead to a suspension or revocation involve Alzheimer’s disease, epilepsy, diabetes, and any other health conditions that may result in the driver’s loss of consciousness or his or her impaired alertness. Physicians in California are mandated to report many of these conditions to the DMV, and that is most commonly the reason for these types of DMV actions.
Suspensions Resulting From a Failure to Appear in Court
When a person fails to appear in court or fails to pay a fine imposed by a court, the DMV can revoke that person’s driver’s license. Either of these situations can further provoke a court into issuing a bench warrant for the arrest of the individual and potentially issue a probation violation. Nevertheless, a license suspension resulting from a missed court date or failure to pay a court fee can be remedied. These are typically penalties that the DMV can enforce as an efforts to support other governmental agencies in California. This is commonly the court, or even the Department of Child support Services.
Speak to a Qualified Law Firm for the Support You Need
It is not uncommon for a person to receive a notice of a potential driver’s license suspension or revocation. When this happens, the driver has the right to request a hearing to provide evidence and documentation as to why this is uncalled for. It is important to note that for DMV hearings, they must be requested. Meaning if you fail to initiate your defense, the suspensions are almost always automatic. If you are facing a California DMV action, you should be prepared before initiating your defense, or attending the hearing; consult a knowledgeable and qualified attorney for legal support.
The administrative law attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in the field of driver’s license suspension and revocation hearings. If your livelihood depends on your ability to obtain a driver’s license, it is important to seek the legal representation of a qualified and proficient law firm as soon as possible. Your ability to secure your job may depend on it.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.