Does Someone Have To Install An Ignition Interlock Device Prior To Court Date?

The DMV typically would not require an ignition interlock device, unless you are a multiple offender and you were already required to have this device for a prior DUI.

However, there is a legal project being pushed in legislation to require that, when arrested for a DUI, you would only be able to start driving again if you have an ignition interlock in your vehicle.

Can I Request A DMV Hearing If I Have Missed The Scheduled Date?

To contest your license suspension and avoid many of these problems, you have to request a hearing at the DMV. But you only have ten days after your arrest to do so. If you do not submit a request for a DMV hearing within ten court days and you have not talked to an attorney, you have missed your window to request a hearing.

As a result, we have to proceed quickly as those ten days go very fast. If you have spoken to a lawyer, we may be able to ask for a delayed hearing. If you receive a delayed hearing, you do not get the stay of suspension which would allow you to keep driving beyond the thirty-day mark. Overall, it is very difficult to get a DMV hearing if you do not stay within the time schedule.

Can Anything From A DMV Hearing Be Used As Evidence In The Criminal Side OF A DUI Case?

Absolutely and vice versa. Our discovery, reports, accuracy reports, finishing lines, maintenance reports and calibration records can all be used. We will sort through these diverse types of evidence, which we can use to help us in a DMV case, and we can subpoena some of this information through the DMV.

In a DMV case, an officer will usually testify. We can look at how they testify, and we can then help our clients to make decisions on whether or not they want to take their case to trial.

Sometimes a client may say, “Look at all the inconsistencies versus the police report. Let’s go to trial!” or they may say, “I’m not looking so good with this officer testifying and they are going to be in front of 12 people at a jury trial. I don’t want to do this.”

Officer testimony can easily influence many aspects of your case, and impact whether or not you feel legally comfortable heading to trial.

Are There Any New Laws In Regards To DUI Charges In California?

Yes, for veterans, there are Veterans Treatment Courts available. These usually take 12-18 months of counseling and other work through the VA, but upon completion, you can get your DUI case dismissed.

Many voices in the legal field argue that a DUI should be part of other diversion programs, but outside certain highly specific situations, diversion will not be available.

For more information on Ignition Interlock Device, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 247-0700 today.