DMV hearings

License Suspension Hearings

The Department of Motor Vehicles (DMV) is required to provide drivers with a hearing before suspending their driver's licenses. Such hearings must be requested quickly. It is important to have experienced representation to present your argument about why you should keep your license. This greatly improves your chances of success.

At the Law Offices of Fred Thiagarajah, our attorney is an experienced criminal defense lawyer with knowledge of both sides of the criminal justice system. As a prosecutor, he gained knowledge of law enforcement and the way cases are handled. As a defense attorney, he has used that knowledge to develop strategies that get clients the best possible outcome in matters such as DMV hearings. Contact our Newport Beach law firm at 1-866-511-2757.

Why the DMV suspends driver's licenses

There are three major reasons for the DMV to attempt to suspend a person's license. These are: a DUI arrest, a negligent operator and being medically unfit. In all these instances, it is important to have an attorney who understands how these hearings operate and who will carefully review the police report to expose the weaknesses in the DMV's case. Our lawyer has reviewed thousands of police reports, and he knows what to look for.

Hearings after a DUI/DWI arrest

It is especially critical to have experienced counsel in DMV hearings after a DUI arrest. A hearing must be requested within 10 days of the arrest. These hearings are not like criminal trials for a DUI. The DMV officer who conducts the hearing acts like the prosecutor and the judge. Furthermore, the DMV only has to show by preponderance of the evidence that a person's blood alcohol level was 0.08 percent or higher at the time of driving. It does not need to show that the driver was under the influence. The DMV does not need the officer to testify; it can rely on the police report alone. Finally, DMV hearing officers are biased against people accused of DUI. In order to beat the DMV hearing, you need an attorney who understands how these hearings operate and who will carefully review the police report to expose the weaknesses in the DMV's case.

Hearings after accumulating too many points

If a person has received too many driving points on their record — four points in 12 months, six points in 24 months or eight points in 36 months — he or she can request a DMV hearing in order to keep his or her driver's license. These hearings are known as negligent operator hearings. At these hearings, the focus is on whether or not the person deserves a second chance to keep his or her license. Having an attorney at these hearings who knows what is important to the DMV hearing officer can make a big difference in whether or not a person can keep his or her license.

Hearings to determine whether a person is medically fit to drive

If a person is found medically unfit to drive because they had a seizure or some other medical problem that could impair their driving ability, they can request a DMV hearing to keep their license or get it reinstated. The focus of these hearings is to find a way for the person to drive his or her vehicle safely. The Law Offices of Fred Thiagarajah works with the client's physician and the DMV to help them retain his or her driving privileges.

Regardless of the reason for drivers' license suspension, you will need an experienced lawyer at your hearing to help you keep your license or get it back. Contact our Orange County law firm to speak with our experienced criminal defense attorney. Call us at 1-866-511-2757 to learn how we can help.

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