Santa Cruz DMV Hearing Attorneys

Criminal Defense Lawyers for DMV Hearings - Aps And Driver License Suspensions Due To Physical Or Mental Condition - "P&M" Hearing

If you need legal assistance to defend your driver's license at a DMV Admin Per Se hearing in Santa Cruz, or in the surrounding counties of Santa Clara, San Mateo or Monterey, you should contact The McGuire Law Corporation to arrange for a legal consultation. As a Santa Cruz criminal defense lawyer, Attorney McGuire can provide you with tough criminal defense during the hearing.

DMV Hearings Regarding License Suspension

You have only 10 days from the receiving an Order of Suspension/Revocation to ask for a hearing with the DMV. The purpose of this hearing is to show the APS that this suspension or revocation was not justified. This hearing can be done over the phone unless you request an in-person hearing. Without this request for a hearing, your suspension/revocation will not be delayed. Additionally, the DMV cannot give you a hearing date before the effective date of your revocation or suspension.

Before the hearing you may request to see and or obtain copies of DMV's evidence. If you took a chemical test and the results showed a BAC level of 0.08% or more, your driving privilege will be suspended for four months for a first offense; one year for one or more separate offenses in ten years. If you refused or failed to complete a chemical test, your driving privilege will be suspended for one year for a first offense; revoked for two years for a second offense in ten years; revoked for three years for three or more offenses in ten years.

At the hearing, they will discuss the following issues with you:

1. Was there reasonable cause for the peace officer to believe that you were violating VC Section 23152 or 23153 while in your motor vehicle?

2. Was the arrest lawful?

3. Was your arrest made while you had a BAC of 0.08% or higher?

If you refused or failed to complete a chemical test:

1. Was there reasonable cause for the peace officer to believe that you were violating VC Section 23152 or 23153 while in your motor vehicle?

2. Was the arrest lawful?

3. Were you clearly notified that your license would be suspended for 1 year or potentially revoked fro 2-3 years if you did not submit to a chemical test?

4. Did you openly refuse to take a chemical test after a peace officer asked you to complete one?

The Santa Cruz DMV hearing attorney at The McGuire Law Corporation can represent you at the Admin Per Se hearing.

You may face license suspension for a physical or mental condition such as Alzheimer's disease, Dementia or Epilepsy or Cataracts, Macular degeneration or Diabetes. If the DMV believes you have one of these conditions, it will require you undergo an in person evaluation of your medical condition and driving skills known as a Reexamination Hearing.

A DMV Reexamination hearing is an in person evaluation of your driving ability. The purpose is to determine if you have the necessary physical and mental skills to drive a car safely. If the DMV informs you that a reexamination is required, you will need to complete and submit a DME and attend the in person reexamination hearing which will be scheduled after the notice. The hearing officer will review your DME form, accept testimony from you and your doctor and administer a written, vision or driving skills test.

Outcomes of the hearing include revocation of your license, suspension of your license, issuance of a restricted license, issuance of a limited term license, placement on medical probation, schedule a calendar reexamination, or let you keep your license without restriction. You have the right to be represented by an attorney at the DMV Hearing.

Christine McGuire is a member of California DUI Lawyers Association, Inc.

Contact the Santa Cruz DMV hearing lawyer at The McGuire Law Corporation today for legal representation at a DMV hearing concerning your driver's license.

Contact The McGuire Law Corporation Today

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