A Southern California Law Firm
specializing in Criminal & DUI Law
DMV HEARINGS IN A DUI CASE
The first attack on your freedom comes from the DMV which has control over your privilege to drive in the State of California. For many Californians, the privilege to drive is a necessity. With a lack of public transportation and a car based economy, no car often means no job.
Based on California's Administrative Per Se Law, most drivers will have their license taken at the time of arrest in a practice known as "stop and snatch". If you feel this law is the equivalent of guilty till proven innocent, you are 100% correct. True, you have been accused of a crime but whatever happened to innocent until proven guilty?
You were likely given a piece of paper at the time your license was taken and told that the temporary license will be good for 30 days. DO NOT FALL INTO THIS TRAP. IF YOU WAIT 30 DAYS TO DO SOMETHING ABOUT THIS YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY. YOU ONLY HAVE 10 DAYS from the date of the alleged DUI to request a hearing from the DMV and put a stop to the automatic suspension. Exercise your rights now and call to put the Law Offices of Mark A. Gallagher ON YOUR SIDE!
Once you have retained our services, we will immediately request a hearing from the DMV and challenge the suspension. Even better, in almost all cases we are able to get a "stay" of the suspension which means that your license will stay valid while we prepare your defense. We will obtain copies of all the reports from the DMV and provide you with copies or access to them at your request so that you may review them with a qualified attorney and discuss the best possible defense.
Mr. Gallagher has earned his clients many "set asides" at DMV hearings. In DMV language a "set aside" is a win. This means that the automatic or admin per se suspension that goes into effect immediately after a DUI arrest has been cancelled or set aside. Remember, with the DMV you are guilty until proven innocent.
If the hearing is lost, the fight is not over. After an adverse ruling from the DMV a client or "licensee" has many options. First, a departmental review can be requested at the DMV. Second, a writ can be taken to Superior Court. Finally, the criminal case can be taken to trial. A not guilty verdict by jury on the charge of 23152(b), also known as the "B" count, will trigger an automatic reversal of any adverse DMV ruling.
If the hearing is lost and the client chooses to not pursue any further legal action, the next step is getting your license back. Depending on the facts of your case and the previous condition of your driving record, there is usually a period of suspension. Our office will help you understand the terms of the suspension and come up with the best plan of action that will get your license back in your wallet as soon as possible. In many situations, taking the right steps can lead to a restricted license almost immediately if the right steps are taken. Navigating this maze at the DMV requires experience and skill. Put us to work for you today!
CRIMINAL COURT PROCEEDINGS IN A DUI CASE
The second attack comes from the California Criminal Court system. In most counties in Southern California, the District Attorney for the county will be prosecuting your case. In some cities, DUI cases are prosecuted by the City Attorney's Office.
Under either scenario, a well funded team of highly trained lawyers, law enforcement officers, forensic scientists, and investigators will all be working AGAINST YOU. Only a fool would walk alone into a hungry lions den and this is exactly what you are doing if you plan to represent yourself in a DUI prosecution.
You need someone who is ON YOUR SIDE. Someone who knows the law, knows the players on the other team, and has the skills to protect your legal rights.
At The Law Offices of Mark A. Gallagher, we have access to a team of professionals ON YOUR SIDE. Put us to work for you and see what a difference we can make. In many cases, you will never even have to appear in court.