san diego dui license suspension hearing

dui license suspension

california DMV hearing request form:

DMV DUI 10 DAY HEARING REQUEST
DMV ADMIN PER SE - IN PRO PER
CALIFORNIA VEHICLE CODE 13558

0.08% BAC. or Refusal to Submit to a Chemical Test

Your Full Name as it appears on your drivers license:
____________________________________________________

California Driver's License No.:
________________________________________

Date of Birth:_____________________________________

Drivers License Expiration Date:__________________________

I was arrested for Driving Under the influence (Veh. C. 23152, 23153 or an equivalent offense)

On the Date: ( month/day/year ) ________________________________________

Location of California arrest:

_________________________________________________________

_________________________________________________________

Approximate Time of Arrest_________________________AM/PM

I hereby demand and exercise my right to a California Department of Motor Vehicles Admin Per Se hearing regarding my license to drive in accordance with the provisions of Veh. C. 13558, which call for the hearing to be held and a decision to be reached prior to the effective date of the suspension or revocation of my California drivers license. I do NOT waive my right to a hearing held and decision determined prior to the effective date of the suspension or revocation.*

I demand a stay of the suspension or revocation pending the Admin per Se hearing and findings, but only for such time as no other driving privilege suspension or revocation takes effect.

I demand discovery under Gov. C. 11507.6 and presently object to conducting all or part of the hearing by television, telephone, or other electronic means, but may be willing to agree to such method at a later time.

Check if applicable: ___ I do not speak English.
I will require an interpreter at the hearing who speaks _______________________________.

At this time, I am representing myself in this matter, but I expect to retain an attorney for my defense in the near future and will notify the DMV accordingly.

Signature: _____________________________________________________

Signed on Date:_____________________________________________

Daytime phone/fax  _______________________________________________________________

* NOTICE: Vehicle Code 13353.3, 13558 and 40000.1, states it is an infraction to fail to hold my hearing and rule on the matter prior to the effective date of the suspension or revocation herein, unless the hearing date is continued with good cause or held at a later prearranged date with my consent. In addition, Gov. C. 1222 states it is a misdemeanor offense for a government employee or public servant to fail or neglect to follow his or her official duty.

INSTRUCTIONS & DEADLINES:

If you remit a request for a hearing within 10 days of the date you were issued a notice of suspension, typically the date of your DUI arrest, you have the right to:

(1) a hearing on the validity of the sanctions on your drivers license to be held and decided prior to the effective date of the suspension and,

(2) a stay of the suspension order pending the hearing decision if it is not held and decided by that date.

HOW TO USE THIS FORM

Fill in all applicable fields on hearing request form. Print your full name exactly as it appears on your California Drivers License. This form does not communicate your current address to the DMV, and cannot substitute for a change of address form in the event you have moved since your last mailing address on record with the DMV. If the DMV does not have your current mailing address, you can update your address at the DMV online or mail your change of address form to the DMV by Certified Mail, or you may submit a change of address form in person at the closest DMV field office prior to executing your 10 day hearing request form to the Driver Safety Division.

The form asks you to specify the exact location of your arrest due to Veh. C. 13558, subdivision (b), which states that the hearing shall be held at a place designated by the department by closest possible proximity to to the location of the DUI arrest, unless both parties agree otherwise.

If you are unable to provide an address near the place of your arrest, then state the county or city where the arrest occurred, describing the location as best as you can, for example, "Del Mar, California on Carmel Mountain Road approximately 1 mile west of I-5".

If the DMV attempts to contact you, refrain from revealing or volunteering ANY more information than what you provided on the 10 day hearing request form.

SAN DIEGO DMV DRVER SAFETY OFFICE:
9174 Sky Park Court Suite 200
san diego, ca 92123-2666
Phone: 858.627.3901
Fax: 858.627. 3925