Friday, August 29, 2008

DMV Withholds Evidence

The DMV hearing process is not exactly known for being a fair and impartial process. In fact, the Hearing Officer is also the Prosecutor trying to take you driving privilege, and then is suppose to be a fair and impartial judge; sure!!!! Nowhere in civil law does the Judge act as a Prosecutor. Nowhere in any civil case is hearsay allowed. Nowhere in California is a non-lawyer allowed to make rulings of law. Nowhere, except the DMV hearings.
If you think that you will receive a fair hearing, you are really mistaken. You are entitled to all evidence to be used against you, but you have to ask for it. Recently, a hearing was held in Oakland, time ran out, and the hearing was continued to another date. I requested a copy of the CD, as these cases are recorded for appeal, and the Hearing Officer refused to give me a copy. The reason she stated was that she did not feel comfortable giving me a copy of the evidence that was just taken in front of me until the case had concluded. No reason in "LAW"; she just didn't feel comfortable. Now, she has the CD and can listen to it to question my client when we return, but we cannot have a copy to get evidence to contridict the Police Officer's testimony. Please!!! Where is the equity here?
By going to her supervisor, I was able to get a copy of the CD. But, there is no reason that this evidence should have been withheld depriving the client of a fair hearing. This is what you have to look forward to if you are arrested for a DUI.
This is the Labor Day Weekend, and there will be many of you stopped and arrested and charged with Driving Under the Influence, get a lawyer that specializes in DUI cases, and do it right away. Your Constitutional Rights have already been taken away from, so you better get ready to fight.

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