How to Request Your Own DMV Hearing

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How to Request Your Own DMV Hearing

To request your The Vehicle Code provides both a 10-day and a 30-day deadline for requesting a DMV hearing, and not surprisingly, DMV always denies a hearing after 10 days (at least inititally). The best practice is to try to request your hearing within ten days of receiving notice of the suspension.

Meeting this deadline is not always possible, though, and if you miss it but meet the 30-day deadline, it may be worth it to retain a lawyer to preserve your hearing rights. You will not get a stay of the suspension but you should be granted a hearing. (We have never had DMV deny us a hearing after the 10 days but within 30.)

Choose an in-person hearing and object to telephone testimony if DMV will call witnesses to testify (or if you don’t know whether or not DMV will). You will want to ask for discovery and in most cases, you will want to ask for a stay of the suspension until the hearing. If you miss the ten day deadline, call us immediately, as there are many arguments you can make to preserve your right to a hearing.

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