Kern County DMV Hearings Lawyer

Preparation is Key - Contact Our DMV Hearing Attorneys Today

In typical cases when an individual is subject to disciplinary action against their privilege to drive the Department of Motor Vehicles (DMV) has the right to revoke an individual’s license. However, a person has the right to a hearing in order to present their case in the best light. If you have been subject to disciplinary action against your privilege to drive, you have 10 days from the moment you were notified to request a hearing with the DMV. Once you receive the notification you may request a hearing either by telephone or written request.

Reasons for Scheduling a DMV Hearing

There are several reasons why you might need a DMV hearing in California. The most common include:

• DUI Arrests: One of the most frequent reasons individuals request DMV hearings is after a DUI arrest. The DMV can suspend your license immediately after a DUI arrest, even before your court case begins. You have only 10 days from the date of your arrest to request a hearing, or your license will be automatically suspended.
• DUI Convictions: A conviction for DUI can result in a mandatory suspension or revocation of your driver’s license. A DMV hearing can be used to fight this action or to seek a reduced suspension.
• Negligent Operator Points System: California uses a point system to track driver behavior. If you accumulate too many points within a certain time frame, the DMV can suspend your license. However, a DMV hearing allows you to present mitigating factors and contest the points or suspension.
• Failure to Pay Traffic Fines: If you fail to pay traffic tickets or fines, the DMV may suspend your license. A hearing allows you to contest the suspension or request more time to pay the fines.
• Driving with a Suspended License: If you are caught driving with a suspended license, the DMV may impose additional penalties. A DMV hearing can be a chance to argue for a reduction or avoid further sanctions.
• Unfit to Drive: In some cases, the DMV may suspend your license if they believe you are no longer fit to drive due to medical conditions or other reasons. A hearing can allow you to present evidence showing that you are capable of driving safely.

What to Expect During a DMV Hearing?

A DMV hearing is an administrative procedure, not a criminal trial. It typically takes place in a DMV office or a similar government building. The hearing officer will listen to the evidence, review any documents, and make a decision based on the facts presented.

The hearing will not involve a jury, and the focus is solely on the facts related to your driver’s license status. If you have a lawyer representing you, they will present your case, challenge any evidence, and argue on your behalf.

During the hearing, the officer will review evidence such as:

• Police reports or citations
• Blood alcohol concentration (BAC) results from breathalyzer or blood tests
• Driving records
• Statements or testimony from witnesses
• Medical or psychological evaluations (in cases involving health-related suspensions)

What is the Negligent Operator Treatment System (NOTS)?

This is a point-based system implemented by the DMV to count the number of operator infractions an individual has garnered. Anytime you are cited with a traffic ticket conviction and/or when a driver is noted as responsible, at fault, or a contributing factor to an accident.

All of these can add up and result in disciplinary action against your license, which also includes commercial driver’s licenses who are at times subject to harsher penalties. Furthermore, points garnered out-of-state are subject to review under your home state's point system.

While the amount of points someone garners is subject to the conditions of the offense, the DMV focuses on the amount of points someone has garnered within a certain time frame. This results in three levels of notice that are incurred upon a person’s driving privilege. Check out the State of California’s Department of Motor Vehicles website for a complete list of the applicable points that can be added to your license.

Comprehensive DMV Hearing Services Across California

If you are given a notice that there is impending action that will be taken against your license, it is imperative that you contact our traffic ticket attorneys today. Our DMV Hearing attorneys at Bigger & Harman, APC. are always available for our clients and are determined to get you the best possible result in your DMV hearing.