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Questions And Answers About Hearings

What happens if I miss the deadline to request a hearing?

If you do not schedule a hearing within 10 days, the DMV will not permit another hearing.

May DMV use hearsay evidence at a hearing?

Yes, but only if DMV has other evidence to back it up. Hearsay may be used only to supplement or explain other, non-hearsay evidence, and may not be relied upon as the sole evidence to support a finding. Government code Section 11513(c) allows DMV to introduce hearsay evidence at a hearing. Unlike a criminal court case, a DMV hearing can use an officer’s police reports against you. However, there is one significant limitation, and that is that such hearsay — even though admissible — cannot be used by itself to establish any part of DMV’s case unless a hearsay exception applies. So while the hearsay police reports are admissible, they may not be used as the sole evidence of any fact (such as BAC, the lawfulness of the stop or the time of driving) unless a hearsay exception applies.

What happens if I miss my DMV hearing?

If you miss your DMV hearing the court will proceed with the case against you. If you cannot make your DMV hearing, you can try to reschedule it.

What is an admin per se (APS) hearing?

By far the most common type of hearing at DMV is the administrative per se hearings, also known as admin per se or just APS. They’re called admin per se because they are administrative hearings to suspend a driver’s license based on a blood alcohol concentration (BAC) that is per se illegal. That is, a motorist driving with that much alcohol is illegal per se, regardless of whether or not the amount of alcohol was enough to impair their driving. Technically, any hearing where DMV has to prove a specific BAC would be an APS hearing, but the term is generally reserved for .08 percent BAC hearings under Section 13353.2(a)(1) for drivers 21 and over.

How can Beat DMV help?

If you request a hearing, you will have the right to challenge DMV’s case against you. Now your challenges is to beat DMV. Contact Beat DMV, a division of the Law Office of Rodney Gould in Sherman Oaks, to discuss winning strategies. We are here to help you through your coming DMV hearing. Learn how to prepare and how we can represent you to your best advantage. Call or send us an email to request a consultation.

Sources

VC 13353.2(a)(1)

See Also