DMV License Suspension
The California DMV has the legal right to restrict, suspend or revoke your driver’s license in a variety of circumstances including DUI, too many points and for health-related reasons. However, in all circumstances you have the legal right to a hearing. Attorney Paul Tyler has handled thousands of such DMV hearings and knows the “ins and outs” of how to save or restore your right to drive.
Suspensions based on DUI are more throughly discussed in this site under the heading DUI/DWI. However, in California, when you are arrested your driver’s license is taken. At the same time you are given a pink temporary license. This license is valid only for 30 days, after which your license will be automatically suspended. This suspension can be temporarily avoided if we contact the DMV within 10 days of your arrest and request a formal hearing in order to determine whether or not the DMV has the right to suspend your license.
If we request this hearing in a timely fashion, your license will continue to be valid, even after 30 days from your arrest. The license will be valid up until the time of the hearing (which is usually about 2 or 3 months away).
If we win this hearing, you will get your license back immediately and will never have any suspension of your license.
If we lose the hearing, there will be a suspension, the length of which depends upon whether this is your first or subsequent offense.
The Law Office of Paul Tyler handles many such hearings every month. If there is any way for your license to be saved, we will find it and do our very best to argue the law and facts at the hearing. This may require the testimony of you, any other individuals in your vehicle, the arresting officer, or even a forensic alcohol expert.
Suspension for Too Many Points on Your Driving Record
Like many states California uses a point system to evaluate drivers. Every time you get a ticket or certain types of convictions in court it adds one or two points to your driving record. Once you accumulate 4 points the DMV will send you a letter telling you that you have too many points and as such are an unsafe driver. The DMV will notify you that they intend you suspend your license unless you request a hearing.
These hearings should ALWAYS be requested because the suspension for too many points is discretionary and NOT mandatory. This means that in almost all cases a suspension can be avoided if a good defense it brought to the DMV.
Suspension for Health-Related Suspensions
If the DMV learns that you have a health condition which may negatively impact your ability to safely operate a vehicle they will suspend your license until the health issue is resolved.
For example, if you suffer a seizure your doctor will be under a mandatory duty to report this to the DMV. Obviously it is in no one’s best interested for you to have a seizure while driving and the DMV will suspend your license.
In these situations Attorney Paul Tyler can help you get your license back by working with the DMV and your doctor. For example, If the problem can be resolved with medication a report can be obtained from the doctor indicating that it is now safe for you to begin driving again.
To learn more, please call Paul Tyler at (805) 889-9000. He will answer your call personally… you will not be required to go through a secretary, paralegal or associate attorney. Call for a free consultation.