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KNOW
YOUR CALIFORNIA DMV RIGHTS
 If
you are arrested for driving under the
influence, you do have certain legal rights.
The first thing you should do if arrested is to immediately
contact the DMV to set up an APS hearing.
This hearing allows you to contest the
suspension of your privilege to drive in
California and is separate from the
court proceedings. It is very important
to contact the DMV
within ten (10) days of your arrest.
By doing so, and if
you request it a new temporary
license will be mailed to you. It's good
until you receive the written results of your
hearing. This is significant because currently
hearings are being set 45-60 days from the date
you first call. The temporary license you are
given when arrested is
only good for 30 days.
The phone number to the San Diego
Division of Driver Safety (for hearings
due to San Diego County
arrests) is 858.627.3901. If
you arrest is in Orange County
call 949.440.4416. Los
Angeles County call City of Commerce 213.
724.4000 or El
Segundo 310.615.3500.
Warning...
Warning... Warning... Warning... Warning...
Warning... Warning...
If you fail to call the DMV within 10
days of arrest and set a hearing, your license
will be automatically suspended. Your
privilege to drive will be returned to you
however, if you win your DMV APS hearing, APS
Review hearing, or Writ Lawsuit. You have
nothing to loose by requesting a hearing!
HERE IS WHAT TO SAY
WHEN YOU CALL THE DMV:
-
Tell them you
are calling to set up an APS
(Administrative Per Se) hearing.
-
Tell the DMV you
request a stay of suspension and a
new temporary license good until
you receive the results of the hearing
(usually scheduled within 45-60 days). Make
sure the DMV has your correct mailing
address to send the new license to.Please
note, that if you did not have a
valid license when arrested, this new
temporary license will not allow you to
legally drive.
-
Tell the DMV you
want to set the hearing yourself and will
make sure the lawyer you hire is available
at the time of your hearing if you decide to
hire a lawyer.
-
Request
an "in person" hearing. The hearing
can always be changed to telephonic hearing
later if necessary.
-
Request
that the DMV mail you "discovery".
That means the police and chemical test
reports.
Do not discuss the
details of your case when setting the hearing.
DON'T LET THE
DMV DISCOURAGE YOU FROM SETTING A HEARING - YOU
HAVE A RIGHT TO A HEARING SO LONG AS YOU CALL
WITHIN 10 DAYS OF YOUR ARREST.
CLICK
HERE FOR A HEARING REQUEST FORM
Work
Restricted California Drivers License
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