Quick Answer: How Do You Win A DMV Hearing?

Can you appeal a DMV hearing?

Yes, you can appeal your DMV decision.

In order to do so you must submit a written notice of appeal within 15 days of the date your DMV hearing decision.

There is a $120 fee to file the notice.

In addition, you should only file the appeal if there is a legitimate issue or error with the decision..

How long does a DMV appeal take?

four to nine monthsThis process could take anywhere from four to nine months. This type of appeal requires a lot of preparation and legal writing and making court appearances. The Law Office of Ben Mironer will provide your best opportunity to win your DMV appeal.

What is a DMV APS hearing?

But what is an APS hearing you say? APS stands for an “Administrative Per Se” hearing, which is an administrative hearing handled by the Department of Motor Vehicles to determine whether or not you should continue to have the privilege of driving on the roads they control.

How do you beat the DMV hearing?

How to Win Your DMV HearingChoose an Experienced Lawyer. You have very little time to act once you are arrested for DUI. … Understand the Issues. … Recall as Much As You Can About Your Arrest. … Your DUI Case Could Affect Your DMV Case. … Know Your Alternatives.

What is the purpose of a DMV hearing?

The purpose of the hearing is to determine whether the DMV has grounds to administratively suspend your license. In other words, to decide whether you were driving with a certain concentration of drugs or alcohol in your system or refused to submit to chemical testing in violation of the state’s implied consent laws.

What happens after DMV hearing?

People who prefer in-person hearings may request them, but they will be delayed indefinitely. … In contrast, a California DMV hearing in a DUI case is an administrative procedure and deals only with your driving privileges. The DMV cannot send you to jail or fine you, but they can suspend your driver’s license.

What happens if I lose my DMV hearing?

If you or a loved one lose at the DMV hearing, it has no bearing on your court case. The District Attorney usually has no interest in knowing how the DMV ruled. However, if the ruling is positive, i.e. a set aside of the license suspension (“a win”), your attorney certainly should advise the District Attorney of this.

Do I need an attorney for a DMV hearing?

For most of these simple tasks done at the DMV, there is no need to have an attorney present. However, many serious cases are heard at the DMV that can result in revoking or suspending your driving privileges. … Those who decide to represent themselves at DMV hearings may end up doing more harm than good to their case.