DMV Witness Investigation Interviews

When preparing for an administrative hearing, your CDA Advocate will be searching for any piece of evidence which may serve to rebut (disprove) the DMV’s evidence. Evidence can come in several forms and from a variety of sources. The “witness” is invariably one of the strongest forms of evidence which can be presented at a DMV Hearing. While it is true that the DMV hearing officer will vigorously attempt to discredit witnesses as being evasive or having motivation to manipulate the truth; the independent witness who testifies strongly and honestly has the power to directly impact the outcome of a hearing.

Potential DMV Witness Investigation Interview Candidates.

With literally decades of investigative experience, your CDA investigator will seek out any potential witnesses in your case. Our investigators are experts in locating witnesses who may not appear in a police report and are unmatched in making witnesses comfortable and willing to offer testimony that might otherwise have gone unnoticed. The variety of witnesses available is actually endless. The best witness is he or she who actually saw or heard something which helps to rebut the police reports, medical reports, or any of the DMV evidence. Generally speaking, witness testimony regarding a driver’s “character” is not admissible.

Potential Witnesses may have witnessed:

•  police misconduct
•  accidents
• Independent physician
•  alcohol consumption
•  evidence collection
• Field Sobriety Tests
• check points

DMV Witness Investigation Interviews Limitations

California Evidence Code Section 1101(a), reads:

“Evidence of a person’s character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.”

The DMV hearing officer will refuse to allow the testimony of any witness unless that witness actually heard or saw something which rebuts the DMV’s evidence. Therefore, a friend or associate who may wish to offer testimony that, “John Doe could not be guilty of DUI because he is an upstanding member of society,” will not be permitted.

How We Help With DMV Witness Investigation Interviews

You can be assured that CDA‘s investigators are experts at locating witnesses who may never have been discovered by the police. CDA‘s investigators are expert in discerning which witnesses are crucial to an investigation and those who will be dismissed or discredited by a DMV hearing officer. It has been the practice of the Department of Motor Vehicles to require the actual appearance and cross‐examination of any witnesses presented by the driver. In some rare instances, a DMV hearing officer may allow a witness’s testimony to be offered by a written, sworn, and notarized “declaration” but this is rare. Essentially, this means that any witnesses that CDA offers at a DMV hearing may be required to appear and be cross‐examined by the hearing officer.