Los Angeles DMV Administrative Law
The Department of Motor Vehicles issues your license, but can also take it away if you violate certain laws. A Los Angeles DMV administrative lawyer at Milligan, Beswick, Levine & Knox LLP can provide you with legal representation if the Department of Motor Vehicles is taking administrative action against you.
Understanding Los Angeles DMV Administrative Law
In the state of California, there are many administrative agencies the government has vested with the authority to carry out certain tasks. The Department of Motor Vehicles is one of these agencies. Like all agencies, the DMV has responsibilities to establish and enforce regulations. The DMV can take action against motorists who don’t follow the rules. Any action taken by this agency is entirely separate and distinct from criminal court proceedings.
If you are charged with drunk drunk driving, for example, you’ll be arrested and tried in criminal court. However, the DMV will also suspend your license automatically through administrative action if you refuse to take a blood alcohol concentration test when you should, or if your BAC is .08 or higher when the test is administered.
The actions the DMV takes are part of a distinct legal process that is handled differently from your criminal case. A Los Angeles DMV administrative lawyer understands how the DMV works and can represent you after a DUI or in other situations where you are facing administrative action.
How a Los Angeles DMV Administrative Lawyer Can Help
Administrative agency actions don’t proceed in court but instead are handled by the agency internally. Often, an administrative law judge (ALJ) is assigned to preside over hearings.
If you are facing DMV action, like the automatic suspension of your license, it is up to you to act. Due process guarantees you the right to a hearing, but you must request one if you want to challenge the DMV’s suspension of your license. You also must understand what types of arguments to make and evidence to present to help save your right to drive.
A Los Angeles DMV administrative lawyer will help you to understand what types of actions the DMV is taking against you and will assist you in making informed choices about how to respond to the agency. Your attorney can also appeal on your behalf in court if an agency is unfair or applies the law inappropriately in dealing with your case.
To learn more about how an attorney from Milligan, Beswick, Levine & Knox LLP can represent you as you deal with DMV administrative action, give us a call today.