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Articles Posted in DMV Issues

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Due process violated when DMV Hearing Officer acts as an advocate

Knudsen v. Department of Motor Vehicles (Cal. Ct. App., Apr. 4, 2024, No. F085992) 2024 WL 1453228, at *1 Summary: Knudsen appealed the suspension of his driver’s license at an administrative per se (APS) hearing. A hearing officer for the Department of Motor Vehicles (“DMV”) concluded that Knudsen had driven…

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DMV license suspension upheld where blood collection for BAC test did not comply with regulations

Phillips v. Gordon (Cal. Ct. App., Nov. 29, 2023, No. A165289) 2023 WL 8266154, at *1–2 Summary: Phillips appealed from the trial court’s denial of her petition for review of an order of the Department of Motor Vehicles (DMV) suspending her driver’s license for driving with a blood-alcohol concentration (BAC)…

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Police Officer Testimony by Telephone at DMV Administrative Hearing is Improper when Driver Objects

Ramirez v. Superior Court of Kern County (Cal. Ct. App., Feb. 9, 2023, No. F082588) 2023 WL 2399712  Summary: A driver petitioned for writ of mandate ordering Department of Motor Vehicles (DMV) to set aside its driver’s license suspension order following his arrest for driving under the influence (DUI). The…

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DMV’s Administrative Hearings to Suspend Licenses after DUI’s Violates Due Process

Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. (Cal. Ct. App., Apr. 15, 2022, No. B305604) 2022 WL 1125370 DMV Administrative Hearings after DUI Arrests and challenge by California DUI Lawyers The Department of Motor Vehicles (DMV) conducts administrative hearings to suspend a driver’s…

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No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison

People v. Escareno (Cal. Ct. App., May 24, 2021, No. A160209) 2021 WL 2069434, at *1–4 Summary: Escareno pleaded no contest to two felonies, four misdemeanors and an infraction arising from a single incident of driving under the influence of alcohol and without a valid license. The  trial court refused…

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Reckless Driving (§ 23103) is Not a  Lesser Included Offense of Felony Evasion of a Peace Officer

People v. Walker (Cal. Ct. App., May 6, 2021, No. A158423) 2021 WL 1811648, at *1–4 Summary: Walker appealed following his convictions for felony evasion of a peace officer (Veh. Code, § 2800.2)1 and other crimes. In the published portion of the opinion, the Court of Appeal rejected Walker’s contention…

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DMV may use blood test results to suspend licenses even if there is a violation of  blood test regulations

WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent. (Cal. Ct. App., Feb. 19, 2021, No. D076921) 2021 WL 650274  Summary: When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver’s license, it can usually…

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Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services

The decrease in traffic during the COVID-19 shelter in place, has seen an increase in speeding tickets for driving over 100 mph. ‘From March 19, when the state’s stay-at-home order began, to April 19, the CHP issued 2,493 citations for speeding more than 100 mph, as compared with 1,335 during…

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