Dublin Criminal Defense Attorney
Call For A Free Case Evaluation! 888.865.0741

California Department of Motor Vehicles (DMV) Hearings

There are many things one should know about the DMV. We will be discussing how you may lose your California Driver’s license (CDL) and the ramification thereof. You have a right to have a DMV Hearing if you are notified by the DMV that your license will be suspended or revoked to drive in California. You must contact the DMV and schedule a Hearing as specified on the DMV Notice or bring a copy to us for a free consultation/evaluation.

First, it is important to know that driving is not right, but is a privilege to drive. Driving is not a constitutional right nor is it a protected class like discrimination against, for example, age, race, religion, etc. After you obtain your California Driver’s License (CDL), you must continue to demonstrate your ability to drive safely on the road.

If you are arrested for Driving Under the Influence, i.e., commonly referred to DWI, DUI, or Drunk Driving, after being arrested you must contact the DMV within 10 calendar days of your arrest and schedule a hearing or your temporary license (given to you by the police at the time of your arrest), will be suspended after 30 days. If you contact the DMV and schedule a Hearing you will be given a temporary license until the hearing.

If you receive a notice from the CA DMV that your license will be revoked or suspended alleging you were a Negligent Operator due to the fact, they have determined you have too many Points on your driving record. You need to schedule a DMV Hearing as provided on the notice. The DMV will assess points for vehicle codes violations, accidents, et.al. Normally, the DMV will send you a notice alleging you are negligent operator if you have 4 or more points in a 12-month period, 6 of more points in a 24-month period or 8 or more points in a 36-month period.

If you drive a lot, or are a commercial driver, the point count may be higher.

If you receive a notice from to CA DMV that your license will be revoked or suspended due to Mental or Physical Conditions you need to schedule a DMV Hearing. Examples include epilepsy, Alzheimer’s, diabetes, or any condition that may cause loss of consciousness or impair alertness, reflexes and motor skills observed by a police officer or medical doctor. Usually, before suspending or revoking your license, the DMV must conduct a hearing called a “reexamination” or "lack of skill" inquiry. You are required to schedule a hearing provided on the CA DMV notice.

In California there is no cut off age for having a valid CDL. However, the DMV can revoke a person’s CDL if it determines he has lost his mental and physical ability to obey and follow the rules of the road. Usually the DMV will require persons over 70 to come to the DMV to renew their license. Before a license can be suspended, any person is entitled to a hearing. At the DMV Hearing, you can present evidence to demonstrate your ability to drive a car safely.

Other reasons the DMV will suspend or revoke your CDL is due to the following:

  1. California Driver’s License Suspensions for Failure to Appear in Court;
  2. Driver’s License Suspensions Because of No Car Insurance; or
  3. California Driver’s License Fraud.

You entitled to have DMV Hearing as provided on the notice received. Failure to give you an opportunity to explain your situation is a Due Process Violation. In all of the foregoing examples of your California Driver’s License (CDL) being revoked or suspended by the DMV, they must contact the you in a timely manner as provided on the DMV Notice.

We represent clients when you receive a notice that their California Driver's License is going to be revoked or suspended. Bring us a copy of the DMV Notice. It is imperative that you provide us with a copy of the DMV Notice in a timely manner and we can advise you of your options.

Categories: