As Riverside DUI attorneys, one of the questions we are often asked is “I didn’t request a DMV Hearing in time. If I win my court case, can I get my license back?” The answer to that question is both, “Yes” and “No”. The complexity of DUI laws means that any action taken by the Department of Motor Vehicles is independent of any action taken by the Court – meaning, what happens with one case will NOT affect the other. However, there are a few limited circumstances where that is not the case. One of the those circumstances is where the criminal case (in criminal court) is not filed – or later dismissed – by the District Attorney (or other prosecuting agency) . In this situation, the Vehicle Code grants a “renewed right to an administrative hearing” in order to contest the sufficiency of the evidence the DMV used.
This Renewed Right To A Hearing is provided for by Vehicle Code section 13352.3(e). The relevant part of this section states:
“…if criminal charges under Section 23140, 23152, or 23153 are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right to request an administrative hearing before the department. The request for a hearing shall be made within one year from the date of arrest.”
The downside is that this request must be made within one year from the date of arrest. Unfortunately, this time has usually elapsed by the time most people representing themselves figure it out. This renewed APS hearing essentially adds an additional component to the three issues the DMV must already prove at the hearing. This additional issue is:
“Which evidence was defective, lacking or insufficient resulting in a district attorney not filing DUI criminal charges or if DUI criminal charges were filed, they were later dismissed by a Court due to insufficient evidence?”
In addition, there are a few DMV-imposed requirements, which DMV believes it has the power to impose, before granting such a hearing. That’s why it’s even more important to get the help of a qualified and experienced Riverside DUI Attorney to help with this process. Because of the time limitation imposed by the Vehicle Code and the steps that need to be taken in order to formulate a proper request for a “renewed” hearing, it is extremely important to do it right the first time.
Our Riverside DUI attorneys have extensive experience requesting these hearings, even for individuals whom we did not represent in Court. If our Riverside DUI attorneys didn’t represent you in Court, it is likely that we can still get you a renewed hearing if you meet the statutory requirements. Because this is a relatively little-known aspect of the Administrative Hearing process with the DMV, you should not trust it to just any attorney, it is extremely important to speak with someone who has experience with this type of request.
Contact our office immediately for a consultation to review your case. In this case, time truly is “of the essence.”