What You Must Do Now
When you were arrested for DUI the police officer took your license and gave you a pink piece of paper to act as your temporary license. However, unless you or your Orange County DUI attorney calls the Driver Safety Division of the DMV and requests a hearing within 10 days of your arrest, this temporary license will expire 30 days from the date you were arrested and your driving privileges will be automatically suspended. It’s important to consult with an Orange County drunk driving lawyer as soon as possible.
To avoid an automatic suspension you or your Orange County DUI lawyer must call the DMV Driver Safety office at (714) 703-2511 within ten days of the arrest date and request the following three things; 1) An APS hearing; 2) “Discovery” (this means the police report and other important documents); and 3) a “stay” of the suspension. (A stay allows you to keep driving until and unless the DMV proves its case at a hearing.)
If you don’t make that call, the suspension is automatic starting 30 days after the date you were arrested. The APS hearing at the DMV is a complicated civil proceeding and the evidentiary burdens and rules of evidence are different from those of criminal court proceedings. That’s why it is essential to choose an Orange County DUI lawyer who is highly knowledgable and experienced at handling DMV hearings.
Although these hearings are often difficult to win, they can be won. Moreover, the hearing is very important because it provides your dui defense attorney with a crucial opportunity to cross-examine the police officer and other withesses before your case goes to court.
If you were given a citation for DUI it will have on it the date and time that you must appear in court. It will also have the court address. If you were released on bail, you probably signed a promise-to-appear which also displays the date, time and location of your first court appearance. Either you or your dui attorney must show up for this first court appearance called an arraignment. To see how a DUI case progresses in court, click on court proceedings.
In every case it’s important to talk to an Orange County DUI lawyer well in advance of your court date. Most DUI lawyers offer a free consultation and a DUI lawyer can tell you what your options are, what to expect down the road, and what defenses are available for your case.
Call The Law Office of EJ Stopyro at (949) 559-5500 for a free and confidential case evaluation. Our main office is at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675. However, we have meeting offices available throughout Orange County.