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Library Archives

Hearsay Evidence at DMV Hearings

Hearsay is Admissable at DMV

One 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.

Be On the Lookout Orders

Be On The Lookout Order #1

WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONE
Do 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?

Be On the Lookout Orders

Be On The Lookout Order #1

WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONE
Do 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?

Do You Even NEED a Writ?

Preliminary Checklist

Before 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 alternatives to consider after a bad DMV hearing. Make sure you or your attorney analyze the issues in your case and consider each of these alternatives before accepting the suspension

Do You Even NEED a Writ?

Preliminary Checklist

Before 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 alternatives to consider after a bad DMV hearing. Make sure you or your attorney analyze the issues in your case and consider each of these alternatives before accepting the suspension

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 damage that could occur during the time it takes a judge to reverse an agency decision, we could never really reverse a decision. In the DMV context a motorist should not lose her license for the two to three months it may take to prove the suspension was wrongful.

Essential DMV Hearing Objections

Issues Not Raised at the DMV Hearing Are Waived

One 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 at the time. You see-with rare exceptions-to get you a DMV writ, I can only raise issues that were raised in the hearing. If an issue is overlooked during the hearing, it is likely waived forever. Thus, even where DMV took your license wrongfully, they may get away with it if you don't call them on it during the hearing.

Essential DMV Hearing Objections

Issues Not Raised at the DMV Hearing Are Waived

One 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 at the time. You see-with rare exceptions-to get you a DMV writ, I can only raise issues that were raised in the hearing. If an issue is overlooked during the hearing, it is likely waived forever. Thus, even where DMV took your license wrongfully, they may get away with it if you don't call them on it during the hearing.