Understanding the DMV
The loss of your driver’s license can have a dramatic effect on the quality of your life and on those who depend on you. The California Department of Motor Vehicles (DMV) will suspend and revoke driver’s licenses for a variety of reasons. These actions usually stem from incidents, which the Department determines are a risk to public safety, such as a DUI, excessive traffic violations, or failures to appear. If your driving privileges are at risk of being suspended or revoked, it is imperative that you seek the legal assistance of a Los Angeles criminal defense attorney as soon as possible.
DMV Administrative Hearings
A DMV hearing is not mandatory and will not address whether you are guilty of a criminal act. Rather, this is the chance for you or your Los Angeles criminal defense attorney to explain the circumstances of your arrest, or any other action that has lead to the revocation or suspension of your driving privileges, and prevent the suspension of your driver’s license. There are several types of DMV hearings, including:
Negligent Operator Hearings
One of the common types of hearing is for drivers who have too many points on their DMV records. If you get more than four points in one year, six in two years, or eight in three years, the DMV will mail you a notice that unless you take further action, your driving privileges will automatically be suspended. It is imperative that you do not ignore this notice as it will not magically go away on its own.
You have limited time to request a hearing to contest the suspension of your license. It is in your best interest to hire a Los Angeles criminal defense attorney who specialized in this area of law to immediately request and represent you at this DMV negligent operator hearing.
Administrative Per Se Hearings
These hearings are associated with drivers who have been charged with a DUI. If you fail to contact the DMV within ten days after your DUI arrest to request an Administrative Per Se hearing, your license will be automatically suspended after your 30 day temporary license expires. Therefore, it is imperative that you hire a Los Angeles criminal defense attorney immediately following a DUI arrest to request an Administrative Per Se hearing within the time limit, or you may simply suffer the suspension without any recourse. Our lawyers can help you fight the initial suspension and advise on the fastest course of action to recover a license or restricted license following any order of suspension.
DMV Mandatory Actions Unit
License suspensions and other DMV problems can also result from the mandatory actions unit. These actions on your license are different from the Administrative Hearings discussed above. Mandatory Actions take place most commonly when a suspension, hold, restriction or revocation is ordered pursuant to a conviction or failure to appear (Bench Warrants, 40509.5 holds, and 40508 holds). These actions can also occur based on failure to show proof of insurance after an accident or things such as failure to pay child support or failure to satisfy a civil judgment. The California DMV considers your right to drive as a “privilege” and as such it can be taken away very easily. These holds in the California system can also make it impossible for you to even obtain a license in another state. Whatever the basis for the action against your driver’s license, the Law Offices of Mark A. Gallagher can help you fix the problem.
Let Us Help
California residents heavily rely on their ability to drive to get them to work and other day-to-day activities. When your driving rights are in jeopardy, it is imperative that you seek the assistance of a skilled Los Angeles criminal defense attorney. We understand the urgency of your legal matter and can provide the legal help you need. For a free consultation with a Los Angeles criminal defense attorney, please contact the Law Offices of Mark A. Gallagher at (800) 797-8406.