#Dmv mandatory actions unit how to
The DMV is not the place to learn how to practice Administrative Law. There are complicated rules for establishing the foundation of documents and the authentication of documents. Objections need to be made involving the timeliness and trustworthiness of the Department’s documents. The Breath Test Ticket or the Blood Test Results and the Driver’s Driving Record.Ĭhallenging the Department’s evidence follows a different set of rules than those used at Court. The Officer’s Unsworn Arrest Report and/or Collision Report Typically the DMV uses several documents to try and find a suspension of a licensed driver. They also need to know how to deal with a State’s Expert if the DMV decides to bring them in on a client’s case Lawyers need to understand the pre-hearing considerations regarding witnesses and the subpoena power for records and/or law enforcement officers. Under Age 21 Zero Tolerance Actions VC 23140 & VC 23136 Ĭommercial Driver with a Blood Alcohol Level over 0.04% in a Commercial Vehicle They are as follows:Īdministrative Per Se Hearings Resulting from a DUI Arrest Ĭritical Need License Applications for Under 21 Suspended Driver
There are several possible grounds for a DMV Administrative Per Se (APS) Hearing. Your lawyer should also be able to use these hearings as a deposition to determine the strength of your court case or use it as a deposition for challenging your arresting officer when he is confronted in court. Dealing with the DMV is far more involved than dealing with the judicial system or the District Attorney’s Office.Īt an Administrative Hearing to determine whether a person will lose their license it is important that the attorney know how to make the right objections and make a good record to win on appeal of the hearing officer’s decision. Their Mandatory Actions Unit is responsible for evaluating the suitability and fitness of licensees to be able to drive in California. The DMV is an Amazingly Complex Administrative Agency
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