DMV Victory at an APS Hearing—San Bernardino Driver Safety Office
Case History: California Drivers Advocates was engaged to assist a client whose driver license was in jeopardy of being suspended following a DUI arrest in Palm Desert, CA. The 73 year old client was accused of weaving and driving well below the posted speed limit. The arresting Riverside County Sheriff’s Deputy accused the driver of failing all Field Sobriety Tests, blowing a .11% on a PAS device and having a blood test with a result of .14% BAC.
Our client drives approximately 40,000 miles per year to perform necessary duties in the Real Estate Industry and is responsible for getting his/her spouse to frequent doctor’s appointments.
DMV’s Position: The California DMV’s position was crystal clear. Under the “Official Duty Presumption,” the DMV Hearing Officer presumed the arresting deputy had a lawful reason to stop our client. The hearing officer also presumed that the deputy conducted a thorough and fair investigation, that he documented everything accurately and honestly, and that the blood/alcohol concentration was accurate.
When we walked in the door, the DMV presumed our client’s guilt and was challenging us to prove them wrong. Essentially our client was “guilty” until proven innocent.
Our Defense:Good DMV defense will often come down to small technicalities that can have a dramatic impact on the case. Because we were able to prove that the police reports were incomplete and because they contained repeated instances of contradictory information, the DMV hearing officer was not able to make a finding that the documents were trustworthy.
We prepared thoroughly and argued vigorously to keep the police reports out of evidence. Fortunately, we were before a senior hearing officer who understood the law and was willing to do the right thing. The hearing officer made a ruling keeping the police reports out of evidence.
Outcome: At the conclusion of the APS Hearing, the hearing officer took the matter under submission. Two weeks later, we received official notice that the hearing officer had “Set Aside” the suspension and our client’s driving privilege was fully reinstated. Our client suffered no APS suspension, was not required to attend a DUI school, and was not required to purchase an SR-22 Form. This is similar to being found “Not Guilty” by a jury. As a result our client is safely driving and committed to remaining a sober driver.
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The DMV Defense Experts at California Drivers Advocates have been fighting and winning DMV Administrative Per Se hearings for years. We excel at every type of administrative hearing handled by the DMV and have a history of winning. Call us and let us get you back on the road.