Patrick Henry said “give me liberty or give me death”. When arrested you want your liberty by being released on your promise to appear in court on your own recognizance… thus obtaining your liberty without spending any money. The alternative is to post BAIL which could be paid in cash, and returned at the end of the case, or by using a Bondsman.
However, the arrestee should retain a lawyer BEFORE contacting a bondsman. Bail bondsmen charge 10% for bail. Thus a domestic violence arrest, with $50,000 standard bail, would require paying the bondsman $5,000…which is lost forever. In the alternative if you contact me, I can get most bondsman to post bail for 7% or 8% instead of 10.
However bail only relates to your court appearance. With a DUI there is still the need to call DMV within 10 days to request an Administrative Per Se DMV Hearing. We request the hearing for our clients and do not have the client appear or testify at the hearing. If the client is part of the hearing then the hearing officer can call the driver to testify. That testimony can be used in court.
The DMV hearing, which usually takes place before a plea is entered, will in most circumstances result in a ruling unfavorable to the driver/defendant. As a rule, DMV hearing officers do not care about anything but the chemical test, though THAT IS NOT THE LAW! The hearing is only interested in whether the DUI chemical test was .08 or more.
If you lose the DMV hearing, your license is suspended, as is the case with a DUI plea in court. However with DMV you have to wait a minimum of 30 days with your suspended license before you request a restricted license. After 30 days of not having a license, you can apply for the restricted license by paying $125.00 to DMV and again showing proof of enrollment in a required DUI program and of course showing proof of insurance by filing an SR-22.
The court suspension is different from the DMV suspension, but they result in the same challenge for a defense lawyer. There are only three issues at the DMV hearing after you completed a blood or breath test. They are set forth on the back of the pink DMV paper you received. The main issue is whether the officer had probable cause to stop or contact you and whether the chemical test is beatable.
The DMV has the burden of proof on all three issues and must win on all three issues to take your license away. However, the DMV does not use the same rules of evidence as the courts do and they usually win 98% of these DMV Hearings.
THE DMV HEARING IS A PER SE HEARING AND IF YOU HAVE .08 OR HIGHER YOU ARE PER SE “GUILTY” IN THEIR EYES. By statute DMV is black and white. The hearing officers have NO authority to negotiate or extend courtesies.
Most DMV Hearings are arguments over evidence, not the facts. In my experience clients don’t understand the difference between evidence and facts when they are sitting in the hearing room, no matter how much we try to explain it to them in our office.
Most clients incorrectly hope that if they “plead for their license,” the hearing officer will have pity on them and give them a break. The hearing officer might pity you, but they will still take your license. DMV hearing officers have no authority to “Plea Bargain” or deviate from the statutory penalties.
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyer’s permission.
SUGGESTIONS FOR FUTURE ARTICLE? CONTACT DALE GRIBOW 760-837-7500/ dale@dalegribowlaw.com.
DALE GRIBOW
REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-19
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT. CALL A TAXI, LYFT OR UBER. THEY ARE A LOT CHEAPER THAN CALLING ME”. SO DRIVE SOBER OR GET PULLED OVER.
