At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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The Benefits Of Having A Delayed DMV Hearing From The Time Of Arrest

The DMV Prefers Hearings 30 To 45 Days After An Arrest But The Defense Attorney May Not Have Obtained Necessary Discovery By That Time

If I have the time to do that, I get a better chance to get the best possible result in the case. If I’m getting pressured and we have to attend the DMV hearing 30 days or 45 days after your arrest, I’m usually not going to have all the evidence

I need. So I need to continue that hearing to gather that evidence and DMV is trying to keep us from doing that. I’m able to continue DMV for certain reasons, but not as long as we used to be able to and that does become a problem.

Like I was saying before, using the court and the DA’s office to get discovery and reports that I need to help me with the criminal case in court is usually the quickest way to get that information for my DMV hearings. Sometimes I will subpoena the officers or the CHP to help get me video, but it’s usually a lot easier to get it through the DA’s office. Then again, sometimes they delay and for whatever reason is we don’t get it and so I need to go another route.

In San Mateo County, the DMV process is run through the San Francisco DMV, which is the Driver Safety Headquarters for that part of Northern California. San Francisco handles San Mateo County, San Francisco, Marin, Napa, Sonoma and further counties up north. They have also several satellite branches. There is actually one in Redwood City where you can have the DMV hearing, if you want. I do most of mine at the San Francisco branch of the DMV.

Not Fighting DUI Charges In An Effort To Expedite A Resolution In A DUI Case

The first thing I try and do is convince the client that I need a chance to fight their case. Every once in a while I have a client who just wants to get it done and get it behind them and says, “Get the best deal you can for me as quick as you can.”

Even though I’m against sacrificing good results for a speedy result, it has happened before and that’s what they want me to do. In those cases what I can do is not waive time. You can speed the cases up when you go to the arraignment. You say you’re not waiving time and that means that you’re entitled to a jury trial within 45 days. That means you get a pre-trial conference usually within about 30 days, so that’s one way to speed the process along.

In fact that is a very good question because I have talked with other DUI lawyers who practice in San Mateo County about ways to combat having to wait so long for a pre-trial conference. One of my suggestions was that we just don’t all waive time like most attorneys do. Although in San Mateo County, I really don’t see that as a remedy.

It Is Always Advisable To Discuss Every Option With Your Defense Attorney Before Accepting An Initial Plea For A DUI Charge

Usually, I am able to convince a client that it’s not going to hurt by waiting longer for results. What I like to do is to let my clients know, “Look, let me worry for you. That’s my job. Let me do that. You have a life to live and we’ll take care of this.”

If it looks like they’re going to have to do a DUI school, they can always get started on that. If they have to pay a fine if they do get convicted, they can do it later. It allows them to hold onto their money longer. But I want a chance to fight the case. Again, I just wish that they were able to speed things up a little more in San Mateo County.

For more information on Benefits Of Delayed DMV Hearing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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