DMV Attorney In San Diego

There are many reasons for which you might find yourself facing a hearing at the California Department of Motor Vehicles. If the state decides to suspend or revoke your driving privileges, it must afford you the opportunity to challenge the action at a DMV hearing. This hearing should not be confused with any action the state is taking against you in court on criminal or traffic charges.


Administrative hearings at the DMV are conducted under rules and evidence standards that are quite different from those that control what goes on in a courtroom. San Diego attorney Paul Neuharth Jr. is an experienced administrative law and hearings attorney who has been helping clients with licensing problems at the DMV for 25 years.

Reasons For A DMV Hearing

The DMV is authorized under the law to suspend or revoke your driver’s license for many different reasons, including:

 

Hearings Following A DUI Arrest

 

When you are arrested on a DUI charge, the officer will hold onto your license and turn it in to the DMV. The DMV is authorized to suspend your license from four months up to several years regardless of what happens in court with the DUI charges. The amount of time you are facing for suspension is based upon prior convictions, and whether or not the individual has refused to take a chemical test, the age of licencee, and whether the individual is on probation.  Bear in mind, this suspension is in addition to the suspension the judge will impose if you are convicted in court.

You have a right to a hearing to challenge the evidence supporting the DMV suspension, but you could lose this right if you do not act within 10 days of the date of your arrest to request a hearing. At the Law Office of Paul Neuharth Jr., we will request a hearing, but we will discuss with you the timeliness of it and other strategic scheduling issues, including what if any evidence needs to be subpoenaed.

Mr. Neuharth will appear of your behalf and will protect your right to drive as long as legally possible. He believes in personally appearing at DMV hearings in order to review the  original documentation submitted by the law enforcement agency to insure it has not been modified prior to being sent to our office.

Mr. Neuharth’s winning ratio has been recognized as being among the top 0.1% of all attorneys in the state defending DMV hearings.

 

Writs Of Administrative Mandate/Prohibition

Mr. Neuharth is extremely experienced at filing writs against the DMV to appeal the outcome of administrative hearing either conducted by himself or other attorneys who were unsuccessful at the DMV level. The writs are not limited to drivers licenses, but include Motor Vehicle Carrier permits (commercial trucking companies, commercial licences), and against the California Department of Justice for clearing up criminal records, and assisting in the restoration of Second Amendment rights.

Mr. Neuharth’s success rate is well over 90% for writs that he files, either through stipulation or contested hearing.

 

 

Experienced DUI Attorney

Paul Neuharth Jr. is a San Diego criminal defense and administrative law attorney who has been recognized as one of the top 100 trial attorneys in the state. He will put his experience and knowledge of DMV hearings to work on your behalf if you call (619) 231-0401 today for a consultation.