Notify the DMV Within 10 Days
The California Department of Motor Vehicles (DMV) possesses the power to suspend or revoke the driving privilege of anyone who operates a motor vehicle in the State of California. Even a person who drives in California with an out‐of state drivers license is subject to the controls of the DMV.
Before the DMV can take an administrative action to suspend or revoke a person's driving privilege, however, California Law mandates that the affected driver be given the opportunity to oppose the intended suspension by conducting an administrative hearing. At the DMV administrative hearing, the DMV will assume that all the evidence against the driver is accurate, legal and trustworthy. If a driver wishes to defeat the intended suspension/revocation of his or her privilege, they have the obligation to rebut the DMV's evidence.
The MOST CRITICAL first step in protecting one's driving privilege is to take the proactive step of contacting the DMV to set up the DMV administrative hearing. The DMV does not automatically grant any hearing for the accused driver. California Law places the burden of contacting the DMV squarely on the shoulders of the driver or their advocate.
With very few exceptions, any driver who is facing the suspension/revocation of his or her California driving privilege MUST CONTACT THE DMV WITHIN THE FIRST 10 CALENDAR DAYS, following his or her arrest, receipt of a suspension action by a police officer or, receipt of suspension action by the DMV. If a driver fails to contact the DMV within the specified period of time, their right to a hearing is forfeit and the DMV's suspension becomes automatic.
California Drivers Advocates cannot stress enough how critical this to one's driving privilege.
THE SUSPENSION OF YOUR DRIVING PRIVILEGE IS AUTOMATIC
DEFENDING YOURSELF IS NOT
Additionally, the manner in which the DMV is contacted can be equally important. Assuring the contact is made in a timely manner, assuring a "stay" of suspension is granted, and assuring a proper request for discovery is made are all important considerations. Also, the clerks at the DMV are notorious for convincing a driver that there is no point to conducting an administrative hearing; drivers are told that DMV hearings cannot be won. This is blatantly not true. Contact the experts at CDA immediately and we will properly notify the DMV of your demand for an administrative hearing and get your driving privilege extended.