Torrance Criminal Defense Attorney

If you have been charged with a driving offense it can cost you thousands of dollars in fines and possibly your driving privileges. In the event that you are required to attend a hearing with the Department of Motor Vehicles (DMV), it is prudent to have an attorney present to make sure that you are treated fairly.

Administrative Per Se Hearing

When you are arrested for DUI with an allegation that your blood alcohol content is over a .08, you will be given a “temporary license.” This form allows you to continue to drive for 30 days after your arrest and informs you of DMV actions which will result from your arrest. If you do nothing, your driving privilege will be suspended 30 days after your arrest. However, if within 10 days of your arrest, you request a hearing, the suspension can be stayed until the DMV conducts a hearing and makes a finding that there is sufficient evidence to support a suspension. When you retain Bird & Bird, we will immediately contact the DMV to make sure you can continue driving for as long as possible. We will represent you at the DMV hearing and you may not even need to appear. We will review the DMV documentation with you to discover any available defense to suspension. Potential suspension times vary depending on your record and the facts of your particular case.

Negligent Operator Hearing

Every traffic offense, including DUIs, result in points assessed on your license by the DMV. Different offenses result in different points. The DMV website lists points assessed for every possible offense. If you receive too many points in a given period of time, the DMV will send you a written notice that your driving privilege is subject to suspension. You are entitled to a hearing during which the DMV can evaluate your need to drive and the mileage you normally drive. Bird & Bird will help you avoid a costly and inconvenient suspension of your driving privilege.

Seniors

The DMV will reevaluate a person’s ability to drive if a request is submitted by law enforcement, a medical professional or a family member. If a senior citizen is stopped for a traffic infraction or involved in an accident and appears to be confused or disoriented, the police officer may submit a form to the DMV requesting that the driver be evaluated for either medical or physical inability to drive. The officer will give the driver a form which describes the potential action by the DMV. It is important to not ignore that form.

If you receive, either personally or in writing, notice of an inquiry into your ability to drive you must call the DMV immediately – in some cases within five days – to request a hearing. The hearings are complicated because they require completion of a medical form by your doctor evaluating your ability to drive. Sometimes it is necessary to have several different doctors complete the form to address all of the potential issues. While the hearings are informal, the procedure can be very confusing and stressful for anyone, especially a senior who may be confronting the life-changing possibility of losing his or her ability to drive. Our attorneys will gently guide you through this confusing and frustrating process.

Physical and Mental Conditions Hearing

The DMV will reevaluate a person’s ability to drive if a request is submitted by law enforcement, a medical professional or a family member. If you are stopped for a traffic infraction or involved in an accident and appear to be confused or disoriented, the police officer may submit a form to the DMV requesting that the driver be evaluated for either medical or physical inability to drive. The officer will give the driver a form which describes the potential action by the DMV. It is important to not ignore that form.

If you receive, either personally or in writing, notice of an inquiry into your ability to drive you must call the DMV immediately – in some cases within five days – to request a hearing. The hearings are complicated because they require completion of a medical form by your doctor evaluating your ability to drive. Sometimes it is necessary to have several different doctors complete the form to address all of the physical or mental issues. While the hearings are informal, the procedure can be very confusing and stressful for anyone who may be confronting the life-changing possibility of losing his or her ability to drive. Our attorneys will gently guide you through this confusing and frustrating process.

Lack of Insurance

If the DMV is notified that you do not have adequate insurance, especially if you have been involved in an accident, you will receive a notice that your driving privilege may be suspended. You have a right to a hearing but that hearing must be requested in a timely manner. If you receive any letter from the DMV, contact Bird & Bird immediately so appropriate action can be taken.

Writ of Mandamus

Any action taken by the DMV is subject to review by the courts via a Petition for Writ of Mandamus. If the action of the DMV is not supported by law, the court will issue a “Writ” ordering the DMV to change its decision. These proceedings are complicated and require the services of an attorney with significant appellate experience.

The attorneys of Bird and Bird have extensive experience representing clients at their DMV hearings and making sure that their rights are protected. Contact us at (310) 371-7711 for a free consultation and case review.

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3424 W Carson St #460, Torrance, CA 90503, USA

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3424 Carson St, Suite 460  Torrance, CA 90503

3424 Carson St, Suite 460

Torrance, CA 90503