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After you have been arrested for a DUI, the arresting officer is supposed to seize your driver’s license and give you a temporary driver’s license (pink form) that is good for 30 days. That form explains you have the right to request a DMV hearing where you or your DUI lawyer can try and challenge the suspension of your driver’s license. It is very important to know, whether the police officer gave you the notice or not, as you have only 10 days to request your hearing. If you or your DUI lawyer does not contact the DMV within 10 days to request the hearing, the suspension of your license cannot be stopped.
Hearings are usually set within 30 calendar days. You can continue driving up until your hearing date and until you receive a notice from the DMV that your suspension has been set aside or it has been upheld. This additional time often gives people the chance to arrange for transportation, should they believe their license will be suspended.
The hearing usually addresses only three questions. Whether there was sufficient reason to initially detain the driver, was there sufficient evidence to arrest the driver and was a blood or breath test properly done with a result of 0.08% or more. In cases where the police also claim that the person refused the blood or breath test, the hearing officer also determines if that happened.
If you or a loved one are charged with a DUI or related crime and would like a free and confidential consultation with an experienced attorney, please call our office at (619)258-8888.
Jessica Lynn Lopez is currently being held in Las Colinas Jail in San Diego County on suspicion of murdering Brittany Killgor.
On Tuesday, a body was discovered in Riverside County. Coroners have not yet officially declared the body found in Riverside County on Tuesday to be that of Brittany Killgore. Investigators went to the area where the corpse was found “based on leads stemming from the arrest of Lopez.
Louis Ray Perez, 45, a Camp Pendleton Marine, is also under investigation in connection with Killgores murder however, he has been arrested and is being held on a charge of possessing a stolen assault rifle not related to the homicide case.
The 16 year old driver of a car that crashed last week on State Route 52 that resulted in the death of two East County youths, was arraigned in Juvenile Court on Friday. The driver denied the charges of gross vehicular manslaughter and illegal street racing.
On the evening of April 3rd, the youth was driving a Passat when he lost control of the vehicle near the Convoy exit and the vehicle flipped several times before coming to a rest. Two passengers in the car were thrown from it and died as a result. The three others in the car were injured.
Prosecutors allege that the youth and Michael Johnson (18) were engaged in illegal street racing on State Route 52 when the accident occurred. Mr. Johnson plead not guilty at his arraignment in San Diego Superior Court to several charges including gross vehicular manslaughter while intoxicated.
The attorney for the youth stated in Court on April 3rd that his client was not racing but that the accelerator of the vehicle he was driving got stuck when he attempted to pass a slower vehicle and the accident happened as a result.
As of April 3rd the youth was still in the custody of Juvenile Hall.
Chula Vista Police Department will be conducting a DUI Saturation Patrol on 04/13/12 from 7 p.m. to 2 a.m. and a DUI/Drivers License Checkpoint on April 14th, 2012 within the city limits between the hours of 6:00 p.m. and 2:00 a.m. as weather permits.
Choosing the right criminal defense attorney for you is an important choice but it can be difficult. Attorney Jon M. Pettis explains to you in his own words how you can choose the right criminal defense attorney for you.