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.

Labor Day Alert

The police have already begun using funds for roadblocks, check point stops, for the Labor Day Weekend and it is only August 29, 2008. Remember, the best rule is don't drink and drive; have a designated driver. Have your license, registration and proof of current insurance already out and ready for the officer if you run into one of these check points.
The Officer may ask you where you are coming from. If you have had nothing to drink, answer all questions and do all the field sobriety tests, but if you have been drinking, NEVER, NEVER, NEVER LIE to the officer; just don't answer any questions or do FSTs. Will you go to jail? Probably, but then you are probably going anyway, so don't answer any questions, just say I have nothing to say, but I will take a chemical test, and I choose a blood test.
And, don't fall for the roadside breath test; just say no, I will only take a blood test. Say nothing, don't lie about drinking, take the blood test, and call a DUI lawyer immediately upon release from jail. Don't forget, you only have 10 days from the date of your arrest to request a DMV hearing or you will lose your driving privilege.
You don't have to follow this advice, but this is what I would do if I were you, and I am a DUI lawyer in California. Have a safe and happy Labor Day.