Sunday, March 18, 2007
San Diego DUI / San Diego DMV cases can be won
DUI cases can be won
DMV Hearings Can Be Won
Some people think that if their blood or breath test was 0.08% or more, they will automatically lose their license. This is not always true.
It certainly is not true for those who hire an attorney to timely request a hearing within 10 days of the arrest/detention date.
Sure, the DMV is required by law to immediately suspend the driver’s license of anyone arrested for (not convicted of) DUI who (1) has a .08% breath reading, or (2) takes a blood test (which will be analyzed later), or (3) refuses to take any test. This "stop & snatch" law means immediately -- on the spot: the license is grabbed and the DUI suspension is legally effective the moment the officer signs the notice (whether or not you receive it).
You have to then fight to get your license back. It can be done.
Did you know there are a number of legal & technical arguments, strategies and timely objections which could effectively avoid a suspensio n?
Did you know there are scientific defenses, including but not limited to the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside?
I can find a failure of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations which has resulted in successful challenges to DMV suspensions in many of my cases. (See http://www.sandiegoduihelp.com/victory.html.)
A DUI Specialist can also help you through the process in ways that will reduce any suspension imposed by as much as 75%.
DMV Hearings Can Be Won
Some people think that if their blood or breath test was 0.08% or more, they will automatically lose their license. This is not always true.
It certainly is not true for those who hire an attorney to timely request a hearing within 10 days of the arrest/detention date.
Sure, the DMV is required by law to immediately suspend the driver’s license of anyone arrested for (not convicted of) DUI who (1) has a .08% breath reading, or (2) takes a blood test (which will be analyzed later), or (3) refuses to take any test. This "stop & snatch" law means immediately -- on the spot: the license is grabbed and the DUI suspension is legally effective the moment the officer signs the notice (whether or not you receive it).
You have to then fight to get your license back. It can be done.
Did you know there are a number of legal & technical arguments, strategies and timely objections which could effectively avoid a suspensio n?
Did you know there are scientific defenses, including but not limited to the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside?
I can find a failure of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations which has resulted in successful challenges to DMV suspensions in many of my cases. (See http://www.sandiegoduihelp.com/victory.html.)
A DUI Specialist can also help you through the process in ways that will reduce any suspension imposed by as much as 75%.
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