What is an Administrative Per Se Hearing?
You’ve just spent the worst night of your life following a DUI arrest. You are standing outside the release door at the County Jail. Your head is spinning and the last 12 hours seem like a horrible dream. In your hands, you probably hold a clear plastic bag with your few possessions tossed inside. Going through that bag, you discover a property receipt, a promise to appear and a pink piece of paper from the DMV. What you don’t find is your driver’s license. That’s right………… Your license is missing. An Administrative Per Se Hearing is the process you must follow to get your license back.
What Just Happened To You?
You have just experienced what, in the legal profession, is referred to as the “Stop and Snatch.” Current law allows California Police Officers to automatically seize a driver’s license if they have reason to believe the driver was impaired. There has been no hearing, no inspection of evidence, no due process; just the confiscation and destruction of a very important document because a police officer believes you were impaired.
First of all, relax. All is not lost. That pink piece of paper in your bag is a “Notice of Suspension” telling you that the DMV suspension process has begun. Assuming your driver license was valid when you were arrested, the pink piece of paper is also a temporary driver’s license. Even though the police officer “snatched” your license you are still perfectly legal to drive (without restriction) for 30 days. That’s the good news.
The bad news is that when the DMV receives the paperwork from the arresting officer, they automatically “assume” that the officer performed his duties correctly and legally. The DMV automatically assumes that the evidence against you is accurate and they automatically begin the process of suspending your license. You are kept almost entirely in the dark and the DMV does little to educate you on defending yourself.
The Tools to Help You Defend Your Driving Privilege
Our team has organized and provided information for all aspects of the DMV Administrative Per Se Hearing. Information increases your opportunity to be properly prepared for your case . Having a professional team at your side increases the likelihood of victory. We welcome you to research any of the topics below, and invite you to contact our team if you have any questions about professional Administrative Per Se Defense at the DMV.
Administrative Per Se Hearing
Notice of Suspension
Our DMV Defense Team