License Suspension/DMV Penalties
Your license will ordinarily be suspended within 30 days of your arrest if you do not set a hearing with the DMV within ten (10) days of your arrest. This is an action independent of any criminal proceeding, and requires you or your attorney to request a hearing.
Both the hearing and a "stay" of the suspension must be requested within 10 days to avoid suspension.
An attorney can obstain evidence from the DMV to evaluate their evidence to you prior to the hearing.
There are many technical and legal defenses which may be raised at the DMV hearing, such as:
• subpoenaing police officers
• retesting blood or urine samples
• having forensic experts testify
You may also be eligible for a restricted license, valid for work purposes only
Notice: This general information is not intended to guide you in the defenses of your particular case or provide legal advice as to your particular case; each case is different. For legal advice on the particulars of your case, you contact me to discuss the facts of your case.
1625 The Alameda, Suite 801, San Jose, California 95126-2311 • Telephone: 408-289-1001 • Fax: 408-289-9101
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