California DMV Hearing Defense Attorney
There are two ways to lose your driver's license in California: through a criminal court action or an administrative action by the Department of Motor Vehicles. The DMV has the authority to suspend your license for 30 days for any moving violation. If you have been deemed a negligent operator, you can receive a DMV suspension of up to one year. Your driver's license can also be suspended for up to one year if you have been arrested for DUI and up to two years if you refused a Breathalyzer or blood alcohol test.
My name is Mark J. Madrigali, and I am a DUI and traffic violation defense lawyer. From my office in Bakersfield, I help clients throughout California protect their driver's licenses at DMV suspension hearings. These proceedings are also known as "admin per se" hearings.
DMV suspension hearings
No right can be taken away from you without due process. In California, you have a right to a hearing to challenge the suspension of your driver's license. However, you must request a hearing promptly after notice of any suspension, or your driver's license will be suspended automatically.
The DMV suspension hearing is, in essence, a mini-trial, in which your lawyer can present evidence and cross-examine witnesses against you. Skilled attorneys know that there are ways to contest and win these hearings. For example, if you have been deemed a negligent operator, one way to win your hearing is to get previous traffic convictions set aside.
Cross-examining police officers
If you face driver's license suspension because of a drunk driving arrest, I can represent you both in your criminal court case and in your DMV administrative hearing. The DMV driver's license suspension hearing is a civil process and only concerns your driving privileges.
Representing you are your DMV hearing will give me an opportunity to cross-examine the police officer who arrested you. Having the police officer's statements on record can be vital in the preparation of your defense against the criminal charges. For example, if the police officer gives conflicting statements in the administrative and criminal trials, I may be able to use that evidence to impeach the officer at the criminal trial and prove that your arrest was unlawful.
Free consultation with an experienced DMV hearing attorney
For more information about how to protect your California driver's license, call Bakersfield defense lawyer Mark J. Madrigali for a free initial consultation at 661-578-5659 (español 661-578-6272) or fill out our simple online contact form.
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