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Will I Have To Appear At My Reinstatement Hearing?


The notice that a person will receive from the DMV when the hearing has been set will state that they are required to appear. However, if a person has a lawyer, then they might not need to appear. I usually do not need my clients to be there, and if I do, then I will give them plenty of notice and we will prepare them for testimony. Most lawyers will not have their clients testify at reinstatement hearings because DMV administrative per se hearing officers act as judges and prosecutors, which is not fair. The hearing officers then have the power to claim that the defendant contradicted the officer’s testimony, changed their story, or are otherwise not credible. This is a way for the DMV to essentially penalize someone for testifying.

When Can I Apply To Have My Driver’s License Reinstated After A DUI Conviction?

A person can apply to have their driver’s license reinstated after they have completed DUI classes and served any period of suspension and/or a restriction. At that point, people need to be careful not to assume that they have done everything that they need to. For example, some people do not get the SR-22 insurance or pay the reinstatement fee. If a person wants to get a license that is not restricted, then they will have to pay the DMV a fee to get a clean copy that does not say “restriction” on it. Many people do not want car rental or other agencies to be able to see that their license was restricted.

Would Someone Ever Be Unable To Have Their Driver’s License Reinstated?

If a person’s license has been permanently revoked, then they would be unable to have it reinstated. A license may be revoked in serious cases or cases involving multiple DUIs. Alternatively, there may be a DUI that was received in another state that will have to be dealt with before getting a license reinstated in California. I often represent people who visit the Bay Area for work or vacation and then return to their home state. In these cases, we would need to clear up the suspension in California so that there would be no problems with renewing their license in their home state.

If a person lives in California and received a DUI in another state, then they may have to deal with that DUI before being able to have their license reinstated in California. There are also standard issues that people face that may prevent them from having their license reinstated, such as too many tickets or unpaid tickets that have potentially resulted in a warrant, or failure to pay child support.

For more information on Appearing At Reinstatement 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.

Aaron Bortel

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