Are There Witnesses At The Admin Per Se Hearing?
There may or may not be witnesses at an admin per se hearing. Sometimes the DMV needs to subpoena witnesses or officers. A lot of times, these cases are generated with a 911 call and the officer might not have seen any driving. In those cases, the officer would not need to testify. Sometimes we subpoena officers or bring in our own witnesses who can testify to something that might be helpful for us. The most helpful thing is usually to have a witness who can testify that our client was not the driver of the vehicle.
We also bring in forensic toxicologists as experts who can testify as to the chemical test results; typically what we want them to say is that someone was not at or above the legal limit at the time of driving. It will be helpful if a forensic toxicologist is able to say that based on their training and experience, it is more likely than not that someone was under a 0.08 at the time of driving.
In some cases, a forensic toxicologist will say that there is no way to determine one way or the other whether or not someone was below 0.08 at the time of driving. If they testify that it is more likely than not that someone was at or over 0.08 at the time of driving, then we are not going to win on that issue. We would need to win on one of the two previous issues that I mentioned, which is the stop itself or the lawfulness of the arrest- the latter of which has to do with a lot of the procedures involved in a DUI arrest.
How Long Will It Take To Get An Answer On Whether Or Not My License Has Been Reinstated After A Suspension?
If a hearing has already been held, then it will usually take a week or two to receive an answer from the DMV. If a person just wants to know when the suspension will be up, then they will need to find the date on which they will be eligible to pay the fine and get the license back; the DMV will not necessarily send a notice or reminder in the mail.
What Can Be Done If I Am Not Given A Restricted License Or An Opportunity To Have My Full Driving Privileges Reinstated After A Term Of Suspension? Can I Appeal A Decision?
If a person is not given a restricted license or an opportunity to regain full driving privileges, then they can file an appeal. However, there are different ways to appeal the results of hearings. One way is by requesting an administrative or Sacramento review, which is associated with a fee. Someone in the legal department of the Sacramento DMV would review it and determine whether or not the suspension was proper. These reviews are very tough to win. Alternatively, a person can bring a writ to superior court. These are expensive and hard to win, and a lawyer is usually needed, which could cost thousands of dollars. If we cancel the hearing, then the administrative per se suspension would not be something that could be appealed.
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