Articles Posted in DMV Issues

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breathalizerCalifornia has something called an “implied consent” law. This means if you are arrested for driving while intoxicated, it is implied that you have consented to a blood or breath test. Your refusal can trigger a suspension of your driver’s license. You may be able to avoid that license suspension, however, if you can show the DMV that your failure to provide a sample was due to a medical ailment not related to your intoxication. To make this argument, you’ll need to request a DMV hearing within 10 days of your arrest. Given the importance of driving privileges to most any Californian, a potential suspension is a very serious punishment and requires prompt and serious action, including retaining a skilled San Francisco DMV defense attorney.

R.G.’s case was one that involved a license suspension. R.G.’s encounter with a deputy sheriff began with a traffic stop for failing to lower his high-beam headlights. Things got worse for R.G. The deputy detected what he believed to be bloodshot, watery eyes and droopy eyelids. The deputy also perceived what he believed to be the smell of alcohol. R.G. performed some field sobriety tests and performed poorly. R.G. declined to take preliminary alcohol screening.

The deputy then gave R.G. the implied consent advisement and explained blood and breath tests. The driver chose a breath test but was unsuccessful in providing a sufficient breath sample. A phlebotomist arrived after that, but R.G. refused a blood test, according to the department. He also allegedly refused to take another breath test.

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dmvOn September 21 of this year, the Sacramento Bee reported that Governor Jerry Brown directed the DMV to undergo an audit. The governor’s directive placed the task of handling the audit, which will focus on extremely long wait times and outdated technology, with the Department of Finance instead of the State Auditor. The audit comes on the heels of an explosion in wait times at the DMV, with some Californians at certain field offices having to wait multiple hours to receive service.

While this issue might not seem like a “big deal” to some, the problem of excessively long wait times at a DMV office is far from a trivial matter. For many working people in California, including the state’s poor and undocumented immigrants, waiting multiple hours at the DMV means taking multiple hours off from work which, in turn, means multiple hours for which they’re not getting paid wages, putting even greater financial strain on these vulnerable families. While many of the people in the recent news reports simply sought to obtain or renew their licenses, others face different problems from the DMV, such as a license suspension. If your DMV issues require the utilization of the legal system, be sure to contact a knowledgeable San Francisco DMV defense attorney about your situation.

Back in early September, the New York Times reported on the frustrating conditions at certain DMV offices. At the Hollywood office, the wait time to renew a driver’s license approached two hours, according to the report. In an NBC Bay Area report, one woman told the source that it took her five hours to get a driver’s license at the South San Jose office. Some Bay Area patrons reported waiting two hours even with an appointment, according to NBC. Patrons in Hollywood told the Times that there was a six-week wait to get an appointment at the DMV, which is why many people showed up without an appointment

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speeding carIf you get on the Internet and use any popular search engine, you’ll find many web pages devoted to attempting to answer the question, “How do I get points on my driver’s license removed?” In California, there are some options. If you have been charged with a traffic violation, you should definitely consult a knowledgeable San Francisco traffic ticket defense attorney about your possibilities.

The least proactive way to get points off your license is also one of the slowest methods for achieving results. That option is, simply, waiting. Minor offenses generally are removed from your record after approximately 39 months. More significant offenses, like DUI, can stay on your record for up to 10 years, however.

Another way that you possibly can clear points is by successfully completing traffic school. Successfully completing traffic school does not take a point off your license, exactly; it allows you to avoid ever having that point attached to the license at all. Today, there are various options for completing traffic school. You can do it in person or can complete a program online. It is important to make sure that the program you complete is one that is recognized and approved by California.

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marijuana prescriptionFor many people, decisions by the DMV to suspend their driving privileges are massive and severe penalties. Many people must drive to earn a living, tend to their loved ones and even secure food to eat. Being left without driving as an option could potentially put them in a terrible situation. That’s why, as the state rolls out news law that impact what offenses can cost you “points on your license,” it is important to understand how that points system works, and what you can do if the DMV suspends your license based on those points. One of the first actions you may want to consider taking is to reach out to an experienced San Francisco DMV defense attorney about your situation.

The most recent change with regard to points relates to marijuana. Back on Jan. 1, 2018, the recreational use of marijuana became legal in California. That same day, another new law went into effect, which made smoking or otherwise consuming marijuana (or marijuana products) illegal for any driver or passenger in a vehicle, according to a Los Angeles Times report. The new law functions somewhat similarly to the state’s “open container” laws regarding alcohol. The penalty for violating this new law is that the DMV will assess negligent operator points for a violation.

With that in mind, you may be asking yourself how exactly the “negligent operator” points system works. The state’s negligent operator treatment system, also known as NOTS, is a program designed to curtail certain driving behaviors. A violation can carry anywhere from 0 to 3 negligent operator points. For example, speeding is generally a one-point violation (although it can be two if you were going more than 100 mph). Failing to yield to a pedestrian is a one-point offense. An unsafe vehicle can also be a one-point violation if it affects operational safety. Therefore, unsafe brakes could be a one-point offense. Driving under the influence and a hit and run are two-point offenses. A major conviction while you are behind the wheel of a commercial vehicle could result in a three-point assessment.

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Legal News GavelIn certain circumstances, you have a constitutional right to remain silent and to refrain from saying anything (because anything you do say can and will be used against you in a court of law). Not enough people exercise that right to remain silent. They speak too freely and say too much, and their openness eventually comes back to haunt them. That was the situation for one man seeking to get his driving privileges back. He lost his case, in no small part, because of the statements he made to a police officer at the scene of an accident. Always know your rights and use them, including retaining skilled California DMV attorney to help you reverse your license suspension.

The man in the case, M.C., was involved in a traffic accident in Bakersfield. M.C. had been drinking prior to the crash. A Bakersfield officer approached M.C. and started asking him some questions.

If you are a driver who is in a situation like M.C.’s, there are several things that you know for sure. You know you’ve been in an accident. You know that the person in uniform who is asking you questions is a law enforcement officer whose job includes, among other things, investigating the scene of the accident for possible criminal activity. Additionally, you know that you have consumed some quantity of alcohol, thereby raising at least some degree of possibility that the police will investigate you for, and possible charge you with, driving under the influence.

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Legal News GavelWhether you are facing a potential suspension of your driver’s license or have already had your license suspended, you may have options available to you to get your driving privileges back. The keys to success are to make sure you take all of the proper steps and do them within the appropriate timeframe. To ensure that you are availing yourself to all the avenues out there for you, retain the services of a knowledgeable San Francisco DMV attorney.

While it primarily focused upon the legal action pursued by a motorcyclist injured in an accident with an elderly driver, a recent case originating in Sonoma County also offers a real-life illustration of the license suspension and reinstatement process.

The plaintiff was Alan, whose motorcycle was struck by Elsie in 2013. Elsie was 89 when she was issued a driver’s license in 2009. In March 2011, Elsie had an accident in which she hit a parked car several times. Based upon that incident, the local police recommended that Elsie undergo regular reexamination by the DMV. In Elsie’s case, that meant that she was required to take a written test, a road test and have her vision screened. She passed the written test and doctors concluded that, other than some macular degeneration that affected her night driving, she could see well enough to drive.

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Legal News GavelEach case can present its own unique elements. Part of what can go into achieving a successful result is spotting those unique elements and using them to your advantage. Perhaps the police officer who encountered you did not do a proper job giving you a required admonition. Perhaps the officer did not even give you the admonition at all. All of these things can potentially be used to your benefit. An experienced San Francisco DMV attorney can advise and represent you in using your case’s facts to get your driving privileges back.

A case from Santa Clara County offers an example of how this can work. Police responded to a midnight single-vehicle accident. Once there, they found a badly damaged Porsche SUV and a driver exiting the vehicle who appeared to be “extremely unsteady on his feet.” The driver allegedly smelled like alcohol, had slurred speech, and seemed disoriented. The officer attempted to conduct a field sobriety test that involved asking the driver to follow the tip of his pen with his eyes, but the driver simply closed his eyes.

There are many good reasons to, as a driver whom the police potentially suspect of driving under the influence, refuse to participate in a field sobriety test. One of these reasons is that officers do not always perform the tests properly. An improperly conducted test can yield incorrectly skewed results. Once you participate, the officer can testify in court about his or her impression of your performance on the test.

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Legal News GavelThere are many things that can derail your legal case. Your case may be unsuccessful because you don’t have enough factual evidence on your side. Your case could also be unsuccessful because of procedural deficiencies. One of the most preventable ways to fail is because you decide to handle your case yourself, and you make procedural errors that you could have avoided with representation from an experienced California DMV attorney. Achieving a successful result in your license suspension case, or any type of legal matter, involves more than just knowing the facts of your case and being able to present them. It involves having a familiarity with the procedural rules of your case and making sure that you follow them.

The case of one East Bay driver serves as a useful story of caution on this point. The case began when a local police officer in Antioch responded to the scene of a two-vehicle accident and identified what he believed was alcohol on the breath of one of the drivers. The officer also thought that that driver’s eyes appeared bloodshot and watery. The driver, Michael, told the officer that he’d last had alcohol more than five hours before the accident, when he’d had two drinks with vodka in them. He indicated to the officer that he’d been awake for 21 hours.

Michael underwent a blood test some 2½ hours after the accident. The test yielded a BAC of 0.08. The DMV suspended his license. After Michael elected to have an administrative hearing, the hearing officer upheld the suspension. The driver took his case to the trial court but was still unsuccessful. He appealed to the Court of Appeal, but once again the suspension was upheld. Significant parts of what plagued Michael’s case on appeal came down to procedural problems, which can be a common shortcoming when people decide to handle their own cases without legal counsel.

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