By Dale Gribow
On August 6, 2016, CNN’S Special “DRIVING WHILE DISTRACTED” showed how it results in injuries as bad as from Driving Under the Influence. Major injuries or fatalities change lives forever.
CNN showed drivers distracted by: texting, emails, photos, paying a bill, twitter, Facebook and the latest Pokémon craze. Distraction or Buzzed means you are playing Russian roulette.
Distraction and drinking creates serious challenges. If stopped after drinking, you must know:
- 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 dale@dalegribowlaw.com for an ok. They won’t call me but it gives you an excuse for remaining silent.
- Field Sobriety & Breath Test at the scene are Optional. OPT not to take the FST (walk the line, finger to nose, alphabet etc) and Breath Test.
- Cooperate and take a Blood Test.
- Remain SILENT (Silence is Golden, Handcuffs are Silver).
- Remove social media as Police now obtain your Facebook information.
- Call DMV within 10 days to save your license.
- A STAY request freezes the suspension after 30 days.
- The White Temporary Driver’s License is valid until suspension notice.
- Request ID card & driving record at DMV.
- “Constitutional Rights” issues occur at many DMV hearings, but refusals are used to argue guilt.
- DMV hearing officers are 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 or 5 months if a restricted license is requested.
- If court plea is entered before the DMV hearing, though no immediate license suspension, when the court notifies Sacramento DMV your license is suspended. 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 or contact you and chemical test validity is primary of the 3 issues.
- DMV is 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 for your license because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, 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. DMV wins over 90% of the hearings.
- We can appear for you without your having to go to court.
DALE GRIBOW
TOP LAWYER – Palm Springs Life 2011-2017
AVVO Perfect 10.0 Peer Rating
“Preeminent” Rating by Martindale Hubbell Legal Directory
“Best Attorneys of America” Rue, (Limited to Top 100 Attorneys/State)
Legal Eagle “Best and Brightest Legal Minds” by Palm Springs Life- June 2016
Client Appreciation DUI Award/ Martindale Hubbell Client DUI Distinction Award- 2015
10 BEST ATTORNEYS for California for Client Satisfaction -DUI Law- Selected 2015.
Weekly Legal Talk Show and Legal Columnist: Major LA and PS / Society Columnist Desert Sun
DON’T DRINK AND DRIVE, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow 760-837-7500 or dale@dalegribowlaw.com.
