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.
Friday, August 29, 2008
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment