Last weekend I met tourists who came here for The Tennis Tournament. Not only was the IW Tennis Tournament cancelled, but they got a DUI and their license will be too. Is this an example of the Ides of March? It appears they did almost everything wrong…so forewarned is forearmed.
Here are 21 things to know if you are stopped for DUI.
- Advise the 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 email@example.com) for an ok. They won’t call me, but it gives you an excuse for remaining silent. In other words I am the strawman and at fault, not the driver.
- The Field Sobriety and Breath Test (FST) at the scene are Optional. OPT not to take the FST (walk the line, finger to nose, alphabet etc.) and the Preliminary Alcohol Screening 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 etc.
- Your attorney must call DMV within 10 days to prevent your 30 day license suspension.
- A DMV “STAY” request freezes the suspension that occurs 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.
- Get a DMV ID card & your driving record.
- DMV Hearings involve constitutional rights issues but Refusals are used to argue guilt.
- DMV Hearing Officers are both the judge and prosecutor.
- The DA must meet the burden of proof on all issues or you win.
- A DUI creates 2 proceedings, a Court & DMV hearing, & one doesn’t affect the other. A DMV license suspension is 4 months & 5 months if a 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, your Ins co. files the SR22 and you pay a reissuance fee for the license return or take advantage of new 2019 law for an IID (Ignition Interlock Device).
- The DMV issues a 6 month Order of Suspension after a 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 the court resulting in a suspension ruling against the driver. However, after 30 days you request a restricted license.
- Probable Cause to stop/contact you and the chemical test validity are primary of the 3 issues.
- DMV is a PER SE Hearing and if you are .08, you are per se guilty and the 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.
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyer’s permission.
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