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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I agree wholeheartedly that the DMV license suspension hearing process is unfair. If someone did a statistical analysis on the results of these hearings, they would find that the motorist almost always loses. Often, the hearing officer “rubber stamps” the suspension, which forces the DUI defendant to appeal. Even if the defendant ultimately prevails, he or she cannot get back the license suspension time which was served between the denial at the DMV and the court-ordered license reinstatement.
Most drivers who go into these hearings are naïve and expect that they will receive fair and impartial treatment, only to find that the hearing officer has adopted a “guilty until proven innocent” mindset. In some cases, the law and established regulations are misinterpreted or completely overlooked. Given the politics associated with DUI cases, this flawed system is not likely to change and drivers will be forced to deal with it as best they can. Once such way to handle it is to have a qualified and skilled DUI lawyer on your side.
Attorney Brian E. Simoneau
Massachusetts DUI Lawyer
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