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Santa Cruz, CA criminal defense attorney DUI

There are many violations that can lead to a motorist losing his or her driving privileges. For instance, being convicted of multiple moving violations, driving under the influence of drugs or alcohol (DUI), reckless driving, or other offenses are serious traffic infractions that could result in the suspension of a driver’s license. In California, a motorist who is arrested for DUI is subject to two separate types of proceedings: criminal and administrative. A criminal conviction can result in fines and/or jail time. The Department of Motor Vehicles (DMV) can also take away driving privileges through an administrative hearing. This can significantly impact a person’s daily life, especially if he or she needs a car to get to and from work. If you are facing DUI charges, it is imperative that you hire a skilled criminal defense attorney to help you prepare for your hearing and achieve the best possible outcome. 

Administrative Per Se Hearing

If you are a California driver who is arrested for DUI, the law enforcement officer will confiscate your driver's license and give you a “Notice of Suspension.” This document acts as a temporary license for 30 days.

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Santa Cruz, CA criminal defense attorney DUI

It has now been nearly a year since COVID-19 has entered the picture, and it has brought havoc to the criminal and traffic courts and the Department of Motor Vehicles (DMV) along with the rest of our society. On a good note, the driving under the influence (DUI) programs (often required for a defendant to take to alleviate a license suspension or as a condition of probation) are up and running. They are also proceeding by way of Zoom or similar remote appearance technology. This is quite helpful; in the early months of COVID, the programs were closed, and this caused major problems for some people trying to regain their driving privileges. 

DMV has rolled forward with their hearings and insists that they be done by way of telephone. As for how this works when cross-examining an arresting officer? Showing a video to the DMV hearing officer? Other avenues to get one’s point across in a hearing? It does not work well at all. DMV does not seem to care much about these hurdles, and they continue to roll forward with their hearing procedures. 

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