How a DMV Writ Attorney Can Help Before Your Hearing

Of course, the best way to preserve your license is not to lose it in the first place. Often the most valuable service we can provide is the advice that helps your attorney win the DMV hearing and avoid a suspension entirely. we realize that even top-notch trial attorneys may not be experts at the intricate (some would say “Byzantine”) rules and policies of DMV. Indeed, the skills that put an attorney at the top of her profession in court may not serve her at DMV. A lawyer expecting any kind of fair game will be disappointed at a hearing where the prosecutor and the judge are the same person. For a small fee, we will review your DMV case and provide a written report to your attorney. We will outline the best defenses as we see them, and alert your attorney to any weaknesses in the case. In most cases, we can suggest objections and evidence you will want to put into the record to enhance your chances of getting a DMV writ if you lose the hearing. For a slightly higher fee, we will handle your DMV hearing entirely, putting the full measure of my DMV experience to work for you at the hearing. If you think we might be able to help you with your DMV hearing, have your attorney give me a call. Or, if you don’t have an attorney, give me a call...

Hearsay Evidence at DMV Hearings

Hearsay is Admissable at DMV One of the most maddening aspects of a DMV hearing from a trial lawyer’s point of view is the relaxed hearsay rules that apply. In short, hearsay evidence that would never be allowed in a criminal trial is just fine at DMV. What is hearsay evidence? In short, it is some kind of statement or record of a statement that was originally made outside of the hearing. For example, a 911 call reporting that a motorist was weaving contains a hearsay statement that was made outside of the DMV hearing. Similarly, a pedestrian who witnessed an accident may have told an officer "the blue car ran the light." In both cases, DMV will often just use the police report with the officer’s notes about the 911 call or the witness’ observations. Such "evidence" would be unthinkable in a criminal trial, but it is allowed under the "relaxed rules" of administrative hearings. DMV makes the most of this loophole; often the entire case against you at a DMV hearing will consist only of the police reports prepared by the arresting officer. So how do we ever win these hearings? Hearsay Can’t be the Only Evidence of a "Finding" The one limitation on DMV’s use of hearsay at a hearing is that, though it is admissible without limitation, it cannot be used as the "sole evidence" of any fact necessary to suspend your license. Let me explain. To suspend your license, the hearing officer must make certain findings of fact based on the evidence at the hearing. In an excess BAC case, for example, the hearing...