If you are facing the revocation or suspension of your driver’s license in San Diego, contact the Law Office of Vikas Bajaj, APC immediately. Every driver is entitled to an official DMV hearing to determine whether revocation or suspension is proper. A qualified California DMV attorney can help to ensure your legal rights are protected and that your license and driving privileges are not improperly removed.
License suspension or revocation can stem from any number of offenses or issues in California. An experienced DMV attorney will help you navigate your DMV hearing. There are many types of DMV hearings, and each requires a slightly different procedure. Your California DMV attorney will understand the processes and which information you will be required to submit in your defense.
DMV Hearings in California
DUI Arrests. License suspension is automatic after an arrest for a DUI in California. This is known as “administrative per se.” However, you have the right to request a hearing to offer a defense and seek to have your license reinstated. You must request this hearing before the DMV within 10 days of your arrest. Note, this hearing only concerns your driving privileges and will not affect any criminal charges pending against you.
Contest Negligent Operator Suspensions. The DMV may suspend or revoke your license if they deem you to be a negligent operator. If you receive too many points on your license for driving infractions you may be deemed a negligent operator.
Physical Re-Evaluations. The DMV may suspend or revoke your license if they believe you have a physical incapacity that prevents you from safely operating a vehicle or obeying traffic laws. Physical conditions that may trigger a re-evaluation include epilepsy, Alzheimer’s, dementia, diabetes, seizures, or any other condition that impairs alertness, reflexes, or consciousness.
Skill Evaluations. The DMV may suspend or revoke your license if they believe you have a mental incapacity that prevents you from safely operating a vehicle or obeying traffic laws. In most cases, the target demographic of these revocations are the elderly. California screen for the deterioration of skill as a result of age by requiring all license renewals for individuals older than 70 years of age to be done in person at the DMV.
License Fraud. Using or possessing false identification in California is a criminal offense. Doing so may also result in the suspension or revocation of your driving privileges.
Failure to Appear in Court. The DMV may suspend or revoke your license if you fail to appear in court, have outstanding fines, violate the terms of your probation, or if there is a bench warrant out for your arrest.
Financial Responsibility Hearings. If you do not carry car insurance you may face license revocation or suspension. If you are in an accident and do not carry car insurance, the DMV will move to suspend your license for a minimum of four years.
Right to Drive Hearing. AB 60 is a California law that guarantees all eligible California residents the right to apply for, and to receive, a state-issued driver’s license, regardless of his or her immigration status. A California resident that is denied a driver’s license based on their immigration status may request a hearing before the DMV to enforce their rights.
Special Certificate Hearings. Some drivers in California are required to obtain a special driver’s license or driving certification.
Do I Need a DMV Attorney?
If you have received a notice from the DMV that your license is being suspended or revoked you should contact an experienced California DMV attorney immediately. While you may think it is no big deal and want to handle the hearing yourself it may be best to consult a lawyer. DMV hearings can become quite complex. A California DMV hearing attorney will ensure that you meet deadlines, submit all necessary information, gather evidence, and speak on your behalf. Attorneys are familiar with the various DMV hearing processes and understand the nuances of the law. A DMV attorney can help to:
- Represent you in court;
- Reduce the charges against you;
- Get your case dismissed;
- Reduce the penalties assessed against you;
- Avoid the revocation or suspension of a license;
- Eliminate or reduce the effect the hearing may have on car insurance rates;
- Keep points off your record;
- Clear warrants;
- Remove holds on your license; and
- Get you back on the road.
DMV hearings may seem like no big deal – but if you want to keep your driving privileges you should be ready to fight for your rights. An experienced California DMV attorney can help to ensure your legal rights are protected when the DMV seeks to revoke or suspend your driver’s license. Contact us today for a free consultation to learn about how we may be able to help you at your DMV hearing.