Santa Clarita DMV Hearing Attorney
Many people find themselves facing a drivers license suspension by the
DMV. An experienced DMV attorney can help avoid a license suspension.
Common reasons why the DMV will take a persons license are for DUI arrest,
too many points (negligent operator), excessive blood alcohol, underage
DUI, refusal to take chemical test, medical reasons, accidents, commercial
truck license suspension, senior license issues and other criminal
convictions. The first step in the process of saving your license is to hire a
Lawyer who can request a DMV hearing on your behalf.
Call DMV Hearing Attorney Matthew Ruff at 661-327-7833
Frequently Asked Questions
Q. What is a DMV administrative hearing?
A. In most circumstances where DMV orders a discretionary action against a
person's driving privilege, that person has the right to a formal hearing
before the department to contest the action and review the evidence
supporting it. The person must request a hearing within a set period of time
of receiving notice of the action against the driving privilege. The hearing
is tape recorded and may be conducted by telephone or in person. The
hearing is held before a Driver Safety Hearing Officer of the department. At
the hearing, the driver is informed of the legal grounds for the action, and
has the opportunity to review and challenge the evidence of the
department, and to present evidence, witnesses and testimony to persuade
the department to modify or rescind the action. The rules that control these
hearings are found in the Vehicle Code, the Government Code
(Administrative Procedures Act) and in various Appellate and Supreme
Court rulings. Following the hearing, the Driver Safety Hearing Officer will
make a decision to uphold (sustain), modify, or rescind (set aside) the DMV
action. Given the complexities, being represented by a Lawyer is advised.
Q. What are my legal rights at a DMV administrative hearing?
A. You have the right to be represented by an attorney or other
representative. We have helped our clients keep their driver license. You
have the right to review the evidence and to cross examine the testimony
of any witnesses for the department, and to present evidence and
witnesses on your own behalf, as well as the right to testify on your own
behalf. Following the hearing, you have the right to be provided a decision
in writing. Should the decision resulting from the hearing be against you,
you have the right to request the department to conduct an administrative
review of the decision, as well as the right to appeal the decision to
superior court. Requests for the administrative review or to appeal the
decision in court must be made within a certain time period depending on
the type of hearing and as described in the Vehicle Code. These time
periods and other specific information concerning your rights will be stated
on the notice containing the hearing decision.
If you or someone you know has recieved a notice of
suspension by thye Department of Motor Vehicles, call the
Santa Clarita DMV Hearing Lawyers for help at toll free
Recent DMV Victories
Type: Underage DUI, Zero Tolerance Suspension
Result: License Returned Despite .06% BAC While under 21
Type: Administrative excessive blood alcohol .08%, second offense
Result: Set Aside of the suspension following hearing
Type: Refusal to take a chemical test after arrested for DUI
Result: License returned , thereby avoiding a 1 year suspension.
Type: APS, excessive blood alcohol .13% BAC, evading arrest
Result: License Suspension Set Aside after DMV hearing.
Type: Negligent Operator Suspension, client had 7 points in 12 months.
Result: Saved his Drivers License
Type: DUI, 2nd Offense, excessive BAC .14% facing 1 year suspension
Result: Saved the clients license by winning the APS DMV Hearing
Type: DUI, Excessive Blood Alcohol .27%
Result: License Saved
Type: DUI Commercial Driver, arrested in a Big Rig .16% BAC
Result: Saved client's CDL license at DMV Hearing
Type: DUI Refusal to Submit to Chemical test
Result: Saved Clients License