Commonly Asked Questions About The Administrative Hearing
Will The Administrative Hearing Have Any Impact Or Affect On The Criminal Side Of The Case?
Sometimes, the DMV hearing can be helpful to someone who is accused of a DUI because through the discovery process, they find out things from witnesses involved in the case. Whether there are people who saw the driving and the officers who made the arrest and/or conducted field sobriety tests that things were not done correctly. Those issues can be explored in a criminal case.
Most people would prefer not to have two different battles to fight when they are arrested for a DUI. Moreover, it’s expensive to have a lawyer because the lawyer’s got to fight two different battles. Another problem with a lot of lawyers who don’t charge very much for a DUI case is that they don’t know how to fight these cases at DMV.
Can Someone Ever Win At These Administrative Hearings?
Absolutely. Not every time, but if you get a good DUI lawyer who knows what they are doing, who is experienced in conducting DMV hearings, especially someone who knows the hearing officers, that helps too.
Understanding the law is the most important thing and fighting these laws, and winning a case at DMV, has a lot to do with science. Sometimes, forensic toxicologists have to be used, sometimes they’re subpoenaing witnesses, sometimes the machines are not properly calibrated or the blood is not properly tested. Sometimes they have a rising blood alcohol level situation where you blow in one machine at 0.08 or 0.09 and then you’re much higher when you blow on another machine or do a blood test later, that’s called rising blood alcohol level.
Using a forensic toxicologist and making sure you’re doing the proper things is important, which often means subpoenaing police officers to come in and testify that they were working properly. Then you can win these hearings.
Attorney Aaron Bortel is experienced and he has been winning these hearings for years. However, it’s gotten harder over time. DMV has found ways to close loopholes but there is an appeal process. If you don’t win it, and if you think the DMV hearing officer was wrong, you can request an administrative review. An administrative review is not very expensive and if that does not work, you can take it to the superior court and get a judge to make a determination on whether or not the hearing officer made the correct call.
It gets a lot more expensive when you go that route but winning these hearings is possible. That’s one of the many reasons why you want a good DUI lawyer because you’re trying to save your driver’s license.
If you need more information about the Administrative Hearing, call the Law Offices of Aaron Bortel for a free initial consultation at (415) 523-7878 and get the information and legal answers you’re seeking.
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