DMV Hearing California
We can help in Los Angeles County
When you are entitled to a DMV Hearing
You are entitled to a DMV Hearing if the California DMV wants to suspend your license for such things as :-
- Too many points on your license (negligent operator)
- No insurance in an accident
- A DUI (Driving Under the Influence of alcohol or drugs)
- Questions about your skill, condition or health (see also Senior Driver).
DMV Hearing Request
Your DMV Hearing request must be made immediately to try and save your license and ability to drive.
You only have a very brief time after you receive a DMV letter to request a DMV Hearing. A Negligent Operator DMV Hearing is oftentimes the only way to save your license – so get a Hearing! We can do this for you - call us (310) 285-1516.
If you get 4 points in a year the DMV will want to suspend your license for 6 months. They will send you a letter indicating that they plan on suspending your license. You must request a DMV Hearing immediately if you get this letter because you normally only have about 10 to 15 days after you get the letter to ask for a DMV Hearing. A DMV Hearing for negligent operators is your only chance at trying to avoid a 6 month suspension. You might be able to get a restricted license so you can keep driving for work purposes. Learn more about points on your license.
DMV Hearing Court
Issues in a DMV Hearing
The issues in a Negligent Operator DMV Hearing are limited to the following:
- Correctness of driver record.
- If there are any pending court charges, collisions or convictions not shown on the record (which will not be used as the basis for an action, but may reflect whether the driver has a negligent pattern of driving).
- If the driver is responsible for collisions on the driver record.
- Alcohol consumption related to major violations and collisions when indicated by the record.
- Any mitigating/aggravating factors.
- Physical and Mental conditions related to the driving record.
Mitigating factors at your DMV Hearing
Mitigating factors that can help you at your DMV Hearing include the following factors according to the California DMV:
Plans for Improvement/Corrective Measures
The driver may offer testimony that he/she believes lessens the degree of negligence shown by the record. The best evidence of correction of driving habits is a description of specific and reasonable steps that are currently being taken and of the control measures used to discourage "backsliding."
Example: A driver with a speeding problem who shows evidence that a cruise control has been installed in the vehicle and plans to activate the cruise control on freeways, may have a greater chance of following through on a promise to slow down.
Any plans presented will be examined in light of the driver's credibility and past actions in these circumstances.
Other Mitigating Factors in your DMV Hearing
Mitigating factors include remorse and a pledge to drive safely and obey all traffic laws. If you have to drive for work and present proof of the mileage that you drive for work purposes the DMV might allow you to have a restricted license so you can deep driving for work. Please contact us to discuss any questions you might have regarding DMV Hearings for having too many points (negligent operator).
Vehicle Use and Mileage
"Use" is interpreted to include the driver's total vehicle use as well as use for work, school, medical treatments, or other routine activities the driver regards as significant. "Mileage traveled" includes both employment and nonemployment mileage.
Example: She previously drove a taxi in downtown San Francisco, she recently quit the job and is now working as a waitress.
The Vehicle Code does not limit consideration to employment related driving, nor does it specify how the driver's amount of use and mileage should be weighed.
Hardship
In some cases, the driver may present mitigation relating to hardship. Hardship may include situations where:
- The driver is a major contributor or sole provider of his or her family income.
- Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment.
Restrictions
If a Class C or M driver, who is not required to have a special certificate, is presumed to be a negligent operator under Vehicle Code 12810, the department may issue restrictions for employment as a condition of probation, under Vehicle Code 12812 (this link opens in a new window in your browser).
We can help with your DMV Hearing in Los Angeles County
We have handled all types of DMV Hearing and can help you with yours. Call us to speak with a Los Angeles Traffic Attorney for a free legal consultation (310) 285-1516.
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