Hearsay is Admissable at DMVOne of the most maddening aspects of a DMV hearing from a trial lawyer's point of view is the relaxed hearsay rules that apply. In short, hearsay evidence that would never be allowed in a criminal trial is just fine at DMV.What is hearsay...
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Winning the DMV Writ Without a Fight
Okay, so it's not really without a fight; it would have been more precise to say without having to fight all the way. Let me explain.When I go to court to seek a writ, I carry a very big stick. That stick is the one weapon DMV hates most of all: the brutal club of...
How We Can Stop (“Stay”) Your Suspension Immediately?
The California Code of Civil Procedure authorizes a judge to stay the action of any administrative agency of the State while a writ action is pending to challenge that decision. A stay only makes sense if you think about it. If we had no way to put a stop to the...
Do You Even NEED a Writ?
Preliminary ChecklistBefore you go to the trouble and expense of pursuing a writ, ask yourself if there is an easier way to get what you want. One thing you want, of course, is to be able to drive again after a DMV suspension. Believe it or not, there are several...
Do You Even NEED a Writ?
Preliminary ChecklistBefore you go to the trouble and expense of pursuing a writ, ask yourself if there is an easier way to get what you want. One thing you want, of course, is to be able to drive again after a DMV suspension. Believe it or not, there are several...
Be On the Lookout Orders
Be On The Lookout Order #1WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONEDo you or (for attorneys) your clients have a case where the DMV relied or intends to rely on a blood test alone to prove BAC?If so, check to see what title appears after the name of the...
Be On the Lookout Orders
Be On The Lookout Order #1WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONEDo you or (for attorneys) your clients have a case where the DMV relied or intends to rely on a blood test alone to prove BAC?If so, check to see what title appears after the name of the...
How a DMV Writ Attorney Can Help Before Your Hearing
Of course, the best way to preserve your license is not to lose it in the first place. Often the most valuable service we can provide is the advice that helps your attorney win the DMV hearing and avoid a suspension entirely.we realize that even top-notch trial...
Essential DMV Hearing Objections
Issues Not Raised at the DMV Hearing Are WaivedOne of the most frustrating aspects of my practice is seeing an issue that I know will win a DMV writ, only to find that the attorney or motorist handling the hearing failed to state the right objection or raise the issue...
Essential DMV Hearing Objections
Issues Not Raised at the DMV Hearing Are WaivedOne of the most frustrating aspects of my practice is seeing an issue that I know will win a DMV writ, only to find that the attorney or motorist handling the hearing failed to state the right objection or raise the issue...
