San Bernardino DMV hearing lawyer serving Rancho Cucamonga, Pomona, Fontana, Victorville & all of San Bernardino County
Because driving in California is a privilege, not a right, the DMV can take away your ability to drive under certain circumstances. The most common reasons the DMV suspends or revokes a privilege to drive are:
- DUI arrests or convictions
- Negligent operator
- Physical or mental conditions impacting driving
- Failure to appear in court or failure to pay fines
It is often critical for clients to be able to drive for work, school, family obligations, and medical appointments. The DMV holds hearings to determine whether there is a basis for suspending or revoking your license. If you are facing a possible loss of your license, contact San Bernardino DMV hearing attorney Marcie Gardner to discuss your options.
DUI Arrests
If you were arrested for a DUI, you have 10 days to ask for a DMV hearing. Without exceptionally compelling circumstances, if you fail to ask for your hearing within that time frame, the DMV will almost certainly deny a hearing request after the 10 days have passed. If you were issued a temporary license at the time of your arrest, that expires in 30 days. By timely requesting a DMV hearing, your temporary license can be extended until the DMV hearing. Even if you have not hired an attorney, you must call to reserve your right to a DMV hearing. An attorney can always reschedule the hearing. But an attorney cannot necessarily get the DMV to let you have a hearing if you waited more than 10 days before asking for it.
If you want to try to keep your driving privileges, it is important to have an attorney help you with these hearings. Attorneys experienced with these hearings know the many technicalities the DMV must prove before taking action against your license. These technicalities are complex, and they rules for these hearings are not common knowledge. If you lose the hearing, your license can be suspended or revoked. The terms of the suspension and revocation depend on many factors, including your age, whether you refused to take a chemical test, and whether you have had any prior DUI’s.
It is important for people to know that if you refuse to take a chemical test, your license will be suspended for one year. You will not have an ability to get a restricted license. You do not have the right to talk with an attorney prior to taking a chemical test. This is called the “implied consent” law. It means that when you received your drivers license in California, you gave your consent to take a chemical test if asked to by law enforcement.
Sometimes the DMV hearing officer will suspend or revoke a license even when an attorney has presented evidence showing that the DMV cannot take action against the license. In other words, the hearing officer got it wrong. If this happens, an experienced DMV hearing attorney can discuss your options for appeal (either to a DMV supervisor or to the Superior Court).
Marcie Gardner has handled countless DMV hearings for her clients, including for people facing prior DUI’s, underage drivers, people who refused to take a chemical test, and hearings involving scientific issues. If you or a loved one has been arrested for a DUI and needs help with a DMV hearing, call San Bernardino DMV hearing attorney Marcie Gardner.
Negligent Operator
If you received a notice from DMV that they are going to schedule a hearing because they believe you are a “negligent operator,” this means that you may have gotten too many points on your driving record within a certain period of time. Because they drive more, commercial drivers may be allowed more points on their record before being deemed a negligent operator. On the other hand, commercial drivers also get more points for Vehicle Code violations than regular drivers.
If you have too many points on your record within a certain time frame, the DMV has the ability to suspend your license for a period of time. While this most commonly impacts commercial drivers, people with regular licenses can face these hearings as well.
The DMV hearing officer has a lot of discretion in deciding whether to suspend your license on the basis of being a negligent operator. It is critical to prepare for this hearing, as it is often possible to convince the DMV to not suspend your license (or at least to put you on probation with an ability to drive during the period of probation).
Important factors for this hearing are your point count, the types of violations for which you received points, how many miles you drive annually, whether driving is involved in your work, and whether alcohol or injuries were involved in any points on your record.
Marcie Gardner has successfully fought negligent operator hearings for her clients. Please call her today if you are facing this type of hearing.
Conditions Impacting Your Ability to Drive
If the DMV receives notice that you may have a physical or mental condition which impacts your ability to safely operate a moving vehicle, the DMV may suspend or revoke your license. Again, you may have a hearing in which you can present evidence that you can safely drive. If you face this type of hearing but believe you can and should be allowed to drive, contact Marcie Gardner for help.
Because of how technical and complex these DMV hearings can be, contact experienced DMV hearing attorney Marcie Gardner to help you. When working with Marcie, your initial consulation is always free of charge. No fee whatsoever. To contact DMV hearing attorney Gardner, please call 909.635.2047.
Please call today.