How to Create a Winning DMV Hearing Record

DMV Records & Transcribes Everything at a Hearing - Stay Cool!

How to Create a Winning DMV Hearing Record

Creating a solid record of the DMV hearing is an essential step to winning a writ and attorney’s fees in superior court later. Remember that DMV makes an audio recording of everything said at the hearing. This recording is later typed up (“transcribed”) and printed in a booklet (“transcript”) that goes to the superior court judge during the writ proceeding. It is up to you to say what you need to at the hearing so the judge can read it later, grant your writ and award you attorney’s fees.

Here are the top five techniques to create a winning record at your hearing.

  1. Keep your cool, especially if you testify. The hearing officer may ask you inflammatory questions on cross-examination, and if you lose your cool, you lose the case.
  2. State your objections clearly, and don’t expect them to be sustained. Your goal is to create a record, not to win any kind of objection game.
  3. Identify the issues that are relevant to the elements DMV has to prove to suspend you and stick to them! For example, if it’s a refusal case and the cops happened to force a blood draw, don’t spend any time challenging the credentials of the lab doing the blood test because BAC is irrelevant to a refusal case.
  4. Consider putting your testimony in writing ahead of time and handing it to the hearing officer. Then just testify verbally that the writing is your hearing testimony. This technique reduces the chance that you’ll forget something and will give you more confidence in facing cross-examination.
  5. Predict the winning issues, build your hearing around them, and practice your closing argument ahead of time. If you spend some time with this site and read your discovery carefully, you ought to be able to ferret out the issues that could win the hearing for you.

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