| Each DUI in the Bay Area, California triggers two | | | | you, that a citizen's statement written in a police report |
| separate and totally different types of cases. The first | | | | IS objectionable just as much as the chemical test or |
| case involves the Superior Court system and the | | | | breath test results usually lack the foundation they |
| second charges brought against someone once | | | | need to stand up to actual arguments. |
| arrested for drinking and driving involve the | | | | This is where the citizen charged with a DUI starts to |
| Department of Motor Vehicles and an administrative | | | | realize that obtaining counsel and getting a good |
| per se or APS case. The issues for the hearing are | | | | criminal defense attorney can be imperative to keeping |
| specified by the California Vehicle Code CVC 13558. | | | | one's drivers license once they have been arrested for |
| Due to the Vehicle Codes strict policies and guidelines, | | | | drunken driving charges. |
| the drinking driver usually loses the DMV hearing. In | | | | A good criminal defense DUI lawyer can help anyone |
| most of these cases, the person who was charged | | | | to understand the intricacies and loopholes presented |
| with a DUI does not understand the 10-day limit and | | | | with a DUI arrest. Helping the arrestee to not feel like |
| they end up waiving their rights to the hearing due to | | | | such a victim and help them to understand that each |
| time constraints. If your lawyer or yourself can win at | | | | case is unique and only a qualified attorney can help to |
| the DMV hearing or simply have the "action set aside" | | | | walk the average citizen through the whole lengthy |
| at the hearing, it presents a great bargaining tool for | | | | and time consuming process. |
| the court proceedings which are to follow. Due to the | | | | In the US and anywhere these days, having your |
| time issues, the DMV hearing is almost always first | | | | drivers license can be extremely important to your |
| and a win in the first round always helps for the next | | | | daily life and routine. Used for the primary form of |
| round. | | | | transportation from work, school, shopping and of |
| When a criminal defense lawyer begins his arguments | | | | course events, not having your vehicle or drivers |
| at the court plea bargaining, presenting a win from the | | | | license, can change one's life dramatically. Making sure |
| DMV hearing can help to present your case well and | | | | to speak with a qualified defense attorney who is well |
| give you a good chance at winning at trial. It is | | | | voiced and experienced in DUI law is important to |
| important to remember that during the DMV hearing, | | | | winning either the DMV or Criminal Court case. |
| you will be playing by a whole different set of rules | | | | Getting to these attorneys in a timely manner and filling |
| from the court case. | | | | out all of the forms necessary is also important if you |
| Few, if any, criminal court rules apply as the DMV | | | | are arrested on DUI charges in the Bay Area or any |
| hearing is administrative and a different set of rules of | | | | part of California. A good defense attorney will help |
| evidence and procedure do apply here. With the | | | | walk you through the processes, fill out the necessary |
| codes written some time ago and before the Bay | | | | paperwork and forms for both the court system and |
| Area experienced such a rise in DUI arrests, it is hard | | | | the DMV process and generally help to make you feel |
| to believe that where a vehicle code exists, it usually | | | | comfortable and knowledgable about the Drunken |
| trumps the Government code section. This means for | | | | Driving trials that you are facing. |