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FIRST THINGS FIRST I. DMV Hearing Request The DMV WILL suspend your drivers license from four months to four years depending on many factors UNLESS you take immediate action. II. Contact DMV The Temporary License that you got at the time of your release from jail in place of your Real Driver's License has a HIDDEN TIME BOMB. You MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST AND REQUEST A HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE. If you make a timely request, the suspension of your license will be stayed until the final determination of your case by the DMV. Failure to request a hearing within TEN days will result in an automatic suspension of your drivers license. You also have the RIGHT TO APPEAL a decision against you to a REAL JUDGE. If you hire an attorney, do so prior to contacting DMV. Your attorney will be able to push your hearing date back, to ensure that you are prepared for your DMV case. Furthermore, your attorney will need to coordinate your hearing date with your defense in Court. If you are approaching the 10 day limit, call the DMV immediately to request an in-person hearing and advise them that your attorney will be contacting them to set up a date. Request a stay and take note of the person you speak with. You must request a hearing through a Driver Safety Office; do not call a DMV Field Office. With experts in Local DMV hearing procedures and familiarity with the local Hearing Officers you can absolutely better your chances of winning the hearing! III. DMV HEARINGS CAN BE WON Many people think that if their blood or breath test was 0.08% or more they will automatically loose their license. THIS IS NOT TRUE. There are many technical/scientific defenses including the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside. Knowing which hearing officer to challenge, which experts utilize, the type of hearing to be conducted, & the familiarity with the current procedures, ALL increase your chances of winning the hearing. My familiarity with these issues and facts and my expertise in DMV regulations have resulted in winning a majority of these DMV hearing over the past fifteen years. IV. Court Appearance The California DUI LAWS are some of the harshest in the Nation. Your Lawyer MUST be familiar with the court, prosecutors and the judges. A Lawyers expertise in the DUI laws and defenses is CRITICAL if you are to obtain good results. IF your case is filed as a misdemeanor, chances are that you may never have to appear in court. California law permits an attorney to attend appearances on your behalf. You won't have to miss work or sit around a court room for hours. In most instances the case is resolved to your satisfaction without ever having to appear in a courtroom. All courts and Judges are different, that is why the attorney must be familiar with the courts and the Judges. Your lawyer must know when and where to go to get good results on your behalf. As well as which courts & judges to avoid. This can make a substantial difference in the sentence or conditions of your release as well as any custody time. Again with over thirty years experience in dealing with the various prosecutors, Judges and Courts in Orange County, I have a strong conviction that I can manage your case, steer it in the right directions, and get Superior results that other attorneys representing clients that are similarly charged.
Todd A. Landgren
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