While enjoying tennis, the fans in front of me were talking about the DUI they got over the weekend. It turns out they did almost everything wrong.
21 things to know if stopped for DUI.
- Advise officer you would be happy to talk but your attorney has advised you not to talk without his permission. Request they contact attorney Dale Gribow (760-837-7500 or firstname.lastname@example.org for an ok. They won’t call but it gives you an excuse for remaining silent.
- The Field Sobriety and Breath Test at the scene are Optional. OPT not to take the FST (walk the line, finger to nose, alphabet etc.) and the Breath Chemical Test at the scene.
- Cooperate and take a Blood Test.
- Remain Silent……(Silence is Golden and Handcuffs are Silver).
- Remove social media sites as the Police investigators obtain your information on Facebook .
- Your attorney must call DMV within 10 days to save your 30 day license suspension.
- A DMV “STAY” request freezes the suspension after 30 days thus saving your license until the conclusion.
- The White Temporary Driver’s License is valid until DMV notifies you of a suspension.
- Request a DMV ID card & record from DMV.
- DMV Hearings involve constitutional rights issues but Refusals are used to argue guilt.
- DMV Hearing Officers are both the judge and prosecutor.
- DA must meet burden of proof on all issues or you win.
- DUI creates a Court/DMV hearing & one does not affect the other. A DMV license suspension is 4 months & 5 months if restricted license is requested.
- If a court plea is entered before the DMV hearing, though no immediate license suspension, when the court notifies the Sacramento DMV, they will suspend your license. Attend DUI classes, file SR22 and pay reissuance fee for license return.
- DMV issues 6 month Order of Suspension after plea but unlike a San Bernardino DMV Hearing Suspension, you can request a restricted license by paying $55 to reissue a license and $15 for the restricted license and show proof of DUI class enrollment. This DMV action is triggered by the court plea.
- DMV usually precedes court resulting in unfavorable suspended license ruling, but after 30 days request a restricted license.
- Probable Cause to stop/contact you and chemical test validity is primary of the 3 issues.
- DMV is a PER SE Hearing and if .08, you are per se guilty and Burden of Proof technically reverts to the driver.
- Our clients don’t testify at DMV because hearings are arguments over evidence, not facts. If present, the hearing officer can call you to testify under oath, over our objection. The hearing is taped so the driver’s statements can be used against them in a court trial. Pleading to the hearing officer you have never been arrested before or you are a wealthy philanthropist, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to “plea bargain” or deviate from the statutory penalties.
- DMV is an Administrative hearing and doesn’t follow the court rules thus allowing DMV to win over 90% of the hearings.
- We can appear for you without your having to go to court.
“TOP LAWYER” – Palm Springs Life 2011-2018 (DUI)
“TOP LAWYER Inland Empire Magazine Nov ‘16
10.0 AVVO Perfect Peer Rating
“Preeminent” – Martindale Hubbell Legal Directory
“Best Attorneys of America” Selected by “Rue” (Limited to Top 100/State)
Founding Member of American Association of Premier DUI Attorneys
10 BEST Attorneys for California for Client Satisfaction in DUI’s.
National Advocacy for DUI Defense (comprised of America’s Top DUI ATTORNEYS)